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The People v. Nicolas David anderson

August 2, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
NICOLAS DAVID ANDERSON, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F4280)

The opinion of the court was delivered by: Nicholson , Acting P. J.

P. v. Anderson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Nicolas David Anderson pleaded no contest to three counts of first degree residential burglary (Pen. Code, § 459),*fn1 and was sentenced to an aggregate term of 10 years in state prison. Defendant appeals without a certificate of probable cause. We affirm the judgment.

BACKGROUND

Sometime between April 4, 2010, and April 6, 2010, defendant broke a glass sliding door at the rear of William Morrison's residence, entered the residence, and stole numerous items, ransacking the home in the process.

On April 8, 2010, defendant pried open a sliding glass door at Jerry Butler's residence and entered the residence. Inside, defendant stole a computer monitor, a "Playstation 3," two collectible knives, a digital camera, a softball bag, a jewelry box containing antique watches, a bottle of coins, car keys, and "hygiene items."

Sometime between April 11, 2010 and April 13, 2010, defendant returned to Morrison's home. Defendant removed a board that was covering the door defendant broke previously and again entered the Morrison home. Once inside, defendant stole arrowheads, a set of keys, a train, and numerous collectible stamps.

On April 12, 2010, defendant entered the residence of Stewart and Lorraine Jankowitz through a rear sliding glass door. From the Jankowitz home, defendant stole numerous valuable items, including: $2,500 in cash, jewelry, a laptop computer, several handguns, gun accessories, a television, credit cards, and a coin dish with gold dollars. The Jankowitzes estimated their total loss to be approximately $14,240.98.

On April 20, 2010, defendant was arrested along with several others when Redding police officers served a search warrant at the home of Daniel Luster. During the search of the Luster residence, officers found over 100 items of stolen property, .9 grams of crystal methamphetamine, two methamphetamine pipes, one digital gram scale, and two surveillance cameras.

Defendant was taken into custody and charged with four counts of receiving stolen property (§ 496, subd. (a)), five counts of first degree residential burglary (§ 459), one count of grand theft of a firearm (§ 487, subd. (d)), one count of possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and two counts of possessing an injecting or smoking device (Health & Saf. Code, § 11364). The following day, defendant was released on his own recognizance with a promise to appear in court on June 4, 2010.

On June 4, 2010, defendant failed to appear in court and his release was revoked.

Nearly three months later, defendant was being held in custody at the Tehama County ...


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