People v. Parigi CA2/6

Filed 2/21/24 P. v. Parigi CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. Nos. B321153, B322247 (Super. Ct. Nos. 20F-06567, Plaintiff and Appellant, 21F-00172) (San Luis Obispo County) v.

MEGAN PARIGI,

Defendant and Respondent.

Megan Parigi appeals a judgment following conviction of first degree burglary, with a finding that a non-accomplice was present in the residence at the time of the burglary, and unlawful driving or taking of a vehicle. (Pen. Code, §§ 459, 667.5, subd. (c)(21)1; Veh. Code, § 10851, subd. (a).) The trial court separately found that Parigi suffered a previous felony strike conviction. (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d).)

1 All statutory references are to the Penal Code unless

otherwise stated.

Parigi raises two claims of instructional error and one claim of sentencing error. We reject these contentions and affirm. FACTUAL AND PROCEDURAL HISTORY In January 2021, seven roommates lived in a large residence on Longview Lane in San Luis Obispo. In the early morning of January 19, 2021, an intruder entered the bedroom of two of the female roommates, and said, “[O]h, no wonder.” The two roommates closed their bedroom door and telephoned 911. Soon after, police officers arrived but did not find any intruder inside the residence. Roommate Anton Schuh owned a 2019 Toyota 4Runner that he parked in a distinctive manner to avoid passing bicyclists in a dedicated parking space close to the residence. Schuh placed the ignition key to the vehicle atop a stereo speaker inside the residence. As reflected in a video recording from a passing police patrol vehicle, Schuh’s vehicle was parked in the same spot shortly after midnight. At approximately 4:15 a.m., San Luis Obispo Polce Officer Joseph Cox drove past the Longview residence and noticed Parigi sitting in the driver’s seat of Schuh’s vehicle. The vehicle was not parked in the same spot that Schuh had parked it earlier that evening. Cox spoke with Parigi who acknowledged that the vehicle did not belong to her. She later admitted that she entered the residence and took the keys from the stereo speaker area. Their conversation was captured on Cox’s bodycam video and played at trial. On the floorboard lay an empty Amazon envelope reflecting the Longview Lane address. Schuh did not know Parigi and had not given her the vehicle keys or permission to be inside his vehicle.