P. v. Rogers CA1/4

Filed 4/22/13 P. v. Rogers CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A132660 v. SANTONIO DESHWAN ROGERS, (Solano County Super. Ct. No. VCR208349) Defendant and Appellant.

Santonio Deshwan Rogers appeals from a judgment upon a jury verdict finding him guilty of receiving stolen property (Pen. Code,1 496, subd. (a)) and first degree residential burglary (§ 459). He contends that the trial court erred in denying his motion to suppress evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with receiving stolen property, five counts of second degree robbery with an enhancement for personal use of a firearm, and one count of first degree residential burglary. Prior to trial, defendant moved to suppress evidence of a gun and a stolen credit card found in a patdown search. The court denied the motion, finding that the officer‘s conduct was justified for officer safety. The evidence presented to the jury showed the following:

1 All further statutory references are to the Penal Code.

1

A. Receiving Stolen Property Veera De La Mater testified that at approximately 11:30 p.m. on July 12, 2010, she was robbed at gunpoint in front of her house in Vallejo by two men. She was not able to see the man with the gun because he stayed behind her and pressed a silver gun between her eyes. The other man was African-American and he grabbed her purse. He took her wallet, GPS device, keys, and cell phone. Her wallet contained several credit cards. The police found a credit card in De La Mater‘s name in defendant‘s wallet. B. Burglary of 410 Goheen Circle Maria Rapolla testified that on July 23, 2010, she lived with her family at 410 Goheen Circle in Vallejo. She left the house about 9 a.m. that morning and returned at about 12:30 p.m., because her husband called her to tell her the house had been burglarized. She found that her house had been ransacked. In examining the doors and windows of her home, she observed that the door that leads from the garage to the laundry room was broken, and that two window screens to the laundry room and kitchen windows had been removed. Numerous items were missing from the home including a 32-inch television, a digital camera, a video camera, an X-Box and several pieces of jewelry. Rapolla identified several pieces of jewelry that were found in defendant‘s bedroom as items taken from her home during the burglary. In investigating the burglary, the police collected fingerprints from the kitchen window. Two of the fingerprints were later found to match defendant‘s prints. C. August 5, 2010 Robbery At about 1:00 a.m. on August 5, 2010, Conner Patterson was 15 years old and was hanging out with Cooper Wright, Angel Mora, Aman Dhindsa, and Ramon Castellblanch on Tennessee Street near some apartment complexes in Vallejo. As they approached White Pine Drive between two apartment complexes, they heard voices coming from behind them. Two men ran toward them and yelled, ―Get down.‖ Patterson thought it was a joke and kept walking, but then one of his friends said, ―He has a gun,‖ so Patterson and his friends got down on the ground. The two men approached them with their guns drawn and ordered them to empty their pockets. Patterson identified defendant