People v. Brennan CA2/6

Filed 1/21/22 P. v. Brennan CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B306929 (Super. Ct. No. 17F-03474) Plaintiff and Respondent, (San Luis Obispo County)

v.

MATTHEW SHANE BRENNAN,

Defendant and Appellant.

Matthew Shane Brennan appeals from the judgment after a jury convicted him of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a)) and theft from an elder (Pen. Code, § 368, subd. (d)). The trial court sentenced him to four years in state prison. Brennan contends the judgment should be reversed because the court erroneously admitted impeachment evidence. We affirm.

FACTUAL AND PROCEDURAL HISTORY The burglary of S.E.’s home In February 2017, Brennan helped a contractor install lights on S.E.’s garage. A few days later, S.E. left her house around 9:00 a.m. to run some errands. When she returned two hours later, a white truck was parked in her driveway. She honked her horn and Brennan came around the corner. S.E. was not surprised to see him because the contractor had promised to send someone out that day to pick up a door lying in the side yard of her house. S.E. told Brennan that he was blocking access to her garage. He apologized, got into his truck, and drove away. S.E. went inside and ate lunch. When she finished, she went outside, and in the side yard she saw that two safes normally stored in a bedroom closet were sitting on the ground. Her bedroom window screen had been removed and the window was open. The side gate, which was usually locked, was also open. S.E. called her contractor and explained what she had seen. She also told him that she had seen Brennan at her house that morning. The contractor went to S.E.’s house and inspected the damage. He then called the police. S.E. told the responding officer that she recognized Brennan’s truck because he had parked it on the street a few days earlier when installing the lights on her garage. She was certain that the person she had seen that morning was Brennan. She picked Brennan out of a photographic lineup the next day. Motion to admit impeachment evidence Prosecutors charged Brennan with burglary and theft. Prior to trial, they moved to admit evidence of Brennan’s two prior convictions and his conduct in a 2018 case for