People v. Wright CA3

Filed 5/18/23 P. v. Wright CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C096478

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FER-2021-0006840) v.

DAREN LEWIS WRIGHT,

Defendant and Appellant.

A jury found defendant Daren Lewis Wright guilty of three counts of second degree burglary. In a bifurcated trial, a jury found true that defendant had a prior serious felony conviction. The trial court sentenced defendant to eight years eight months in prison. Defendant appeals, arguing there was insufficient evidence to support one of the second degree burglary convictions. We affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with a variety of burglary-related offenses in the Stockton area but was convicted of only three second degree burglaries. The offense at issue here is a conviction for second degree burglary of Nation’s Burgers (Nation’s). On May 30, 2021, Aurora L., a Nation’s employee, arrived to work at approximately 5:40 a.m. Upon arrival, Aurora noticed that a large hole had been cut out of the wall in the back of the restaurant but assumed a repairman had made it, so she did not investigate further. Aurora then saw a white male coming toward her; the man screamed, “Get out of here!” Aurora responded, “No, you get out of here!” She then ran to a nearby convenience store and told the cashier what happened. At trial, Aurora testified the man she saw burglarizing the restaurant was shorter than five feet three inches tall and weighed approximately 120 pounds. Stockton Police Officer Nathan Thalen investigated the scene at Nation’s and noted that the hole in the wall was between Nation’s and a neighboring hot water tank room. The hole was approximately two feet by one and one-half feet in size. Officer Thalen viewed the surveillance footage of the incident and saw that the suspect entered through the hole in the wall and was wearing black shoes with a white stripe. The video also showed the suspect crawling around on the restaurant floor. Among the various second degree burglary charges, defendant was also convicted of burglarizing a Dante’s Pizza restaurant, which surveillance footage showed was conducted in a manner similar to the burglary at Nation’s. On June 3, 2021, a Dante’s Pizza employee discovered a hole in the wall separating Dante’s Pizza and an abutting empty building. The hole was a one-foot by two-foot hole. The surveillance footage from Dante’s Pizza showed a burglar inside crawling around the restaurant and carrying a Sawzall, i.e., reciprocating saw. The burglar used the Sawzall in the area of the business containing the safe, which he attempted to open with the Sawzall. The man was carrying a crowbar and wearing black shoes with white trim.