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Ignacio Del Rio, Aka Roberto Coveda v. the People of the State of California

January 9, 2012

IGNACIO DEL RIO, AKA ROBERTO COVEDA, PETITIONER,
v.
THE PEOPLE OF THE STATE OF CALIFORNIA,
RESPONDENT.



The opinion of the court was delivered by: Patrick J. Walsh United States Magistrate Judge

MEMORANDUM OPINION AND ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY

I.

INTRODUCTION

Petitioner brings this habeas corpus petition pursuant to 28 U.S.C. § 2254, alleging that the state appellate court erred when it concluded that there was sufficient evidence to support his conviction for attempted burglary. For the following reasons, the Court finds that the appellate court did not err.

II.

STATEMENT OF FACTS

Petitioner was convicted of a series of burglaries and attempted burglaries in the South Pasadena area in January and February 2006. He challenges one of those convictions, a conviction for attempted burglary of an apartment where Lydia Mendoza and Phil Mosser lived.

According to Petitioner, the evidence was insufficient to sustain the conviction. The state appellate court ruled otherwise, finding that it was. It summarized the evidence against Petitioner as follows:

On January 29, 2006, Ms. Alexander managed and lived in an apartment building on Orange Grove Avenue in South Pasadena. Ms. Alexander's apartment was next door to the apartment occupied by Ms. Mendoza and Mr. Mosser. Ms. Alexander's backyard abutted Ms. Mendoza's; the back doors of the two apartments were approximately six feet apart.

At approximately 12:30 p.m. that afternoon, Ms. Alexander's doorbell rang. [Petitioner] was at the door. [Petitioner] told Ms. Alexander that he was looking for someone named Chris who lived in the building. Ms. Alexander told [Petitioner] that no one named Chris lived in the building. [Petitioner] left.

A few minutes later, Ms. Alexander heard a noise from the back of her apartment. She went out her back door and saw [Petitioner] entering the apartment through her bedroom window. Ms. Alexander yelled and [Petitioner] fled. Ms. Alexander subsequently identified [Petitioner] from a photo lineup and in open court as the perpetrator.

Also on January 29, 2006, Ms. Mendoza and Mr. Mosser left their apartment at approximately 8:30 a.m. The doors and windows were locked when they left, and the screen on their kitchen window was undamaged. They returned at approximately 7:30 p.m. The next morning, as Mr. Mosser was getting ready for work, he noticed that the screen on the kitchen window "had been bent, like someone tried to get in...." Someone also had moved a chair from the side of the building and placed it against the outside wall beneath the kitchen window. Nothing was missing from Ms. Mendoza's apartment.

The prosecution introduced evidence that [Petitioner] perpetrated a total of six burglaries or attempted burglaries between January 23 and February 16, 2006. With respect to four of these, [Petitioner] exhibited a similar pattern of first knocking on the door or ringing the doorbell, and then entering or attempting to enter the home through an unlocked door or window. The prosecution also introduced evidence that stolen property and burglary tools were recovered from [Petitioner's] pickup truck, and that [Petitioner] had rented self-storage lockers that contained large amounts of ...


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