(Super. Ct. No. 72006157)
The opinion of the court was delivered by: Robie , Acting P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
On September 8, 2010, defendant Cody Edward Pohl was charged with first degree burglary (two counts); second degree burglary; receiving stolen property (five counts); petty theft with priors (two counts); possession of methamphetamine; and misdemeanor possession of paraphernalia for injecting and ingesting a controlled substance. As to the felonies charged, it was alleged that defendant had a prior strike. As to the first degree burglary counts, it was alleged that defendant had a prior serious felony conviction.
Defendant waived jury trial and the matter was then tried to the trial court.
On September 17, 2010, after some counts were dismissed, the trial court found defendant guilty of one count of first degree burglary, two counts of second degree burglary, receiving stolen property, petty theft with a prior, possession of methamphetamine, and possession of paraphernalia . The court found defendant not guilty of one count of petty theft. The court found true that defendant had previously been convicted of robbery, a strike, and had served a prior prison term.
On November 12, 2010, the trial court entered "findings and statement of decision following court trial," which summarized the facts found by the court. We set out parts of this statement as follows:
"Mirlaine B[.] [fn. omitted] and the defendant were married in 2002 and lived in North Shore, Lake Tahoe [on] Lake Forest Road. Mirlaine's daughter from a previous relationship, Meline B[.], also resided in the home and had her own bedroom.
"In about 2008, Mirlaine and the defendant decided to build a home on a vacant lot [on] Alder Street in Tahoma. . . . However, before the home was completely finished, they ran short of money after a falling out with their contractor. Also, for the past three years the relationship between the defendant and Mirlaine had begun to sour as she noticed a change in his behavior. . . . Finally, Mirlaine . . . cut off the defendant's money and stopped paying bills for the new home construction, which was in the defendant's name. In response, the defendant told her that if she didn't give him money he would steal it from someone.
"On March 5, 2009, at a pawn shop in Reno, the defendant pawned a guitar belonging to M[eline] B[.] that she had kept in her closet in her bedroom at the residence on Lake Forest Road. Previously, she had specifically informed the defendant that he was not allowed to enter her bedroom. The defendant is charged with burglary of the bedroom in Count One.
"Mirlaine and her daughter became afraid of the defendant to the point that on March 15, 2009, Mirlaine obtained a restraining order against the defendant preventing him from coming to the residence and two days later she filed for divorce.
"By March 2009, the home under construction on Alder Street was nearly complete. . . . There was convincing evidence that following the issuance of the restraining order, the defendant began to live at the Alder Street residence.
"In mid-August 2009, someone stole three newspaper vending machines from various locations in the North Shore area, including one from the Fireside cafe area. Three weeks later, three more newspaper ...