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The People v. Jerrod Anthony Brown

December 10, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JERROD ANTHONY BROWN, DEFENDANT AND APPELLANT.



(Super.Ct.No. RIF131930) APPEAL from the Superior Court of Riverside County. Christian F. Thierbach, Judge. Affirmed. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant.

The opinion of the court was delivered by: Miller J.

P. v. Brown CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

A jury convicted defendant Jerrod Anthony Brown of attempted first degree burglary (Count 1--Pen. Code §§ 664, 459). The trial court sentenced defendant to the midterm of two years of incarceration and ordered him to pay an amount not to exceed $318 for the costs of the preparation of the presentence probation report. On appeal, defendant contends the court erred in permitting evidence of his commission of a subsequent burglary on the issue of intent pursuant to Evidence Code section 1101, subdivision (b).*fn1 Defendant additionally maintains that the court erred in imposing the $318 fee because it failed to offer him a hearing and render a finding on his ability to pay that fee. We affirm.

FACTUAL AND PROCEDURAL HISTORY

On February 15, 2006, Samuel Biedny was living at his home in Corona; however, he was in the process of moving to another home in Woodcrest. His home in Corona had a realty sign posted in the front yard indicating the home was for sale. Biedny left the Corona home around 10:00 a.m. on a trip to the Woodcrest home to drop off some of his possessions. He returned to the Corona home around 1:00 p.m.

When he returned, Biedny noticed a car parked in his driveway; it had been backed in. Biedny parked his truck in front of the driveway blocking the car's egress. Two people then emerged from the side gate of his property. One of the individuals was defendant; the other was a woman. Both were "very well dressed."

The individuals informed Biedny they saw that the property was for sale; they were looking to purchase property in the neighborhood. They simply walked into the backyard to look around. They apologized for doing so.

Biedney offered them an opportunity to tour the house; they accepted. He gave them a tour of the home, which lasted approximately 20 to 30 minutes. Defendant and his associate appeared attentive and interested in the home. At the end of the tour, Biedny gave them his business card, moved his car, and waved goodbye. They told the victim they would contact him. Neither he nor his realtor ever heard from them.

After defendant and his associate left, Biedny noticed that the gate was open. Biedney testified that he always locked the gate so he went over to check it. He "noticed that the hasp[*fn2 ] that mounted a padlock was somewhat twisted and the lock was missing." He had checked the lock on the gate the day before; it was then intact. Biedny immediately suspected that someone had broken in; he started looking at all the home's windows.

The screen had been removed from one of the windows and placed on the concrete slab in the backyard. That window frame had several severe pry marks. Biedny called the police.

Detective Robert Gonzalez, then a patrolman with the Corona Police Department, responded to Biedny's home. Biedny pointed out the window to Detective Gonzalez. Detective Gonzalez testified that "It looked like it had been pried. There were pry marks on the framing of the window." He dusted the window for fingerprints, obtaining three latent print cards with at least five fingerprints. ...


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