People v. Dixon CA2/6

Filed 11/17/22 P. v. Dixon 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B317788 (Super. Ct. No. TA153925) Plaintiff and Respondent, (Los Angeles County)

v.

STANLEY DIXON

Defendant and Appellant.

Stanley Dixon appeals from the judgment entered after a jury convicted him of second-degree burglary (Pen. Code,1 § 459). The trial court sentenced him to two years in state prison and ordered him to pay $225 in victim restitution pursuant to section 1202.4, subdivision (f). Appellant contends his conviction must be reversed for insufficient evidence. He also contends, and the People concede, that the abstract of judgment must be corrected

Unless otherwise stated, all statutory references are to 1

the Penal Code.

to reflect the court’s oral pronouncement that no fines or assessments were to be imposed. We shall order the abstract amended accordingly. Otherwise, we affirm. STATEMENT OF FACTS On the night of December 24, 2020, Gissel Jacobo was in her apartment on San Jose Street when she saw two men (later identified as appellant and codefendant Willie Dean Outland) exit a vehicle that was parked across the street in the alley behind a donut shop. The two men then walked around the building. Appellant was holding a crowbar and was hitting power boxes. Outland subsequently got into the driver’s seat of the vehicle, appellant got into the passenger seat, and the vehicle drove down the alleyway with its lights off. A short time later, Jacobo heard a window breaking and saw appellant enter the donut shop. Outland was standing outside their vehicle, which was now parked on the street. Jacobo called the police, who arrived and detained both appellant and Outland. The donut shop’s video surveillance cameras showed appellant breaking the window while wearing gloves and a beanie, entering the shop, and going to the cash register which only contained change due to prior break-ins. The video also showed appellant holding the donut shop owner’s iPad and rummaging through the shop’s cabinets and employee lockers. Appellant’s gloves, beanie, and the crowbar he used to break the window were found inside the shop. In the area where appellant had been inside the shop, the owner found what appeared to be a small container of rock cocaine. During an in- field showup, Jacobo identified appellant the person she saw enter the donut shop and Outland as the person standing outside the vehicle.