People v. Morrison CA3

Filed 11/28/23 P. v. Morrison CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C097455

Plaintiff and Respondent, (Super. Ct. No. 21FE017419)

v.

SCOTT ANDREW MORRISON,

Defendant and Appellant.

A jury found defendant Scott Andrew Morrison guilty of two counts of first degree burglary. The trial court sentenced defendant to six years, doubled to 12 years, on one count of first degree burglary and a concurrent four years on the second count of first degree burglary. On appeal, defendant contends the evidence was insufficient to support his conviction on the first count of first degree burglary. We will affirm the judgment.

1

FACTUAL AND PROCEDURAL BACKGROUND A. Factual History At approximately 3:00 a.m. on October 13, 2021, K.J. awoke in her bedroom because she heard defendant breaking into her home. K.J.’s doors were locked, but she left the dog door in the kitchen open for her dog. K.J. had also left a light on in the living room by the front door. While still lying in bed, K.J. saw defendant walking towards her with a large stick. K.J. grabbed her shotgun and fired it, hitting her bedroom door frame and defendant. K.J. chased defendant, who dropped the stick in the dining room and struggled to open the locked doors. When K.J. yelled at defendant to get out, he fled through the unlocked dog door. After defendant fled, K.J. called a nonemergency line, which redirected her call to 911. Police officers who arrived on the scene went into K.J.’s backyard and saw that a part of her fence was broken and there were items laying around that did not belong to her. These items included a plaid jacket, an Athletics hat, a maroon high-heeled shoe, and a gallon jug of water. Responding officers spoke with K.J. and her neighbors. One neighbor saw a man in his backyard earlier that evening and another had home video surveillance footage of someone on his front porch. Officers continued to search the neighborhood and neighbors’ backyards throughout the day. At approximately 6:00 p.m. that day, an officer searched the backyard of K.J.’s neighbor J.C. After the officer left, J.C.’s dog started barking, so J.C. looked through his backyard and garage. When J.C. opened the side door to his garage, defendant sprang down from the rafters and ran towards J.C. Defendant and J.C. wrestled with the side door, but J.C. was eventually able to close it. When J.C. closed the side door, defendant lifted the garage door and fled. In the rafters, defendant left behind two bottles of tea from J.C.’s refrigerator, one of which was half empty, and a shirt from J.C.’s dryer. J.C. chased after defendant, and another neighbor, J.W., followed defendant in her car. J.W. called the police and followed defendant until the police arrested him. Officers saw that defendant had shotgun pellets in his arm.