People v. Garcia CA5

Filed 6/21/23 P. v. Garcia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F084328 Plaintiff and Respondent, (Super. Ct. No. CRF63381) v.

MARIO AMARAL GARCIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Law Office of Martin Baker and Martin Baker for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- STATEMENT OF APPEALABILITY This appeal is from a final judgment following a jury trial and is authorized by Penal Code section 1237, subdivision (a).1

* Before Levy, Acting P. J., Smith, J. and Snauffer, J. 1 All statutory references are to the Penal Code unless otherwise stated.

STATEMENT OF THE CASE On May 17, 2021, appellant Mario Amaral Garcia was arraigned on an information alleging that he, along with codefendant Angelica Armendariz, committed a first-degree burglary (§ 459, count 1). Following a jury trial during which neither Garcia’s or Armendariz’s trial counsel presented an opening statement or any evidence, both Garcia and Armendariz were both found guilty as charged.2 Garcia filed a motion for a new trial, claiming that his speedy trial rights were violated, appointed counsel was ineffective for not fully developing a defense before trial, and the verdict was unsupported by the evidence. Garcia’s motion was denied and, on April 8, 2022, he was placed on two years formal probation and ordered to serve six months in county jail with 46 days custody credit and 46 days conduct credit, followed by five months of electronic home detention. On May 11, 2022, Garcia filed a timely notice of appeal. STATEMENT OF FACTS T.H. lived in a combined commercial and residential property known as “Ferndale” on Highway 120 in Tuolumne County. The main building on the property was a former bar and restaurant with T.H.’s living quarters taking up the second story. Around 11:00 a.m. on May 10, 2020, T.H. set off to his friend B.P.’s farm a few miles away. Before he left, he secured a locked cable across his driveway, and locked the main building, as well as a tool room and a storage container located on the property. While at B.P.’s farm, T.H. called Tuolumne County Sheriff’s Deputy Eric Worthington to provide him with information about a recent burglary at Ferndale. Because Deputy Worthington was close by, he went to the farm to meet with T.H. in