P. v. Caceres CA4/3

Filed 6/26/13 P. v. Caceres CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G046748

v. (Super. Ct. No. 11CF2343)

JOSE NAPOLEON CACERES, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Walter P.

Schwarm, Judge. Affirmed. Gail Ganaja, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, James D. Dutton and Michael T. Murphy, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Jose Napoleon Caceres pleaded guilty to possession of methamphetamine, and a jury later convicted him of first degree burglary. Caceres contends the trial court abused its discretion in denying his probation request and sentencing him to prison. For the reasons expressed below, we affirm. I FACTUAL AND PROCEDURAL BACKGROUND In August 2011, Erick Flores rented a room on Raitt Street in Santa Ana from Caceres’s aunt Sonia. Caceres lived in a shed near the garage. On the morning of August 23, Flores heard “the sound of the lock” and believed someone “peeked through the door.” He walked to the bathroom and encountered Caceres and another Hispanic male near the kitchen area about 10 feet from his room. Caceres asked Flores if knew

where Sonia’s husband lived. Flores replied he did not, and left for work around 7:30 a.m., locking his door. When Flores returned home from work around 6:00 p.m. he discovered someone had forced open his bedroom door and taken his television and