People v. Rodriguez CA4/1

INTRODUCTION

After trial, a jury convicted Benito Manuel Rodriguez of burglary (Pen.

Code, § 459).1 On appeal, Rodriguez contends (1) the trial court erred by sentencing him to three years of probation, and (2) the prosecution’s questions to defense witness about charges pending in an unrelated matter constituted misconduct. The People concede error as to the sentencing issue, and therefore we modify the probation term. As to the prosecutor’s questions to the character witness, we agree that the questioning was misconduct, but we conclude that it was not sufficiently prejudicial to justify reversal. Accordingly, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2021, after discovering money had gone missing from the dresser in his bedroom, K.L. set up a camera to film his room in his absence. From the video, he learned that while he was at work, his friend Rodriguez had entered his bedroom through a patio door and had looked through his dresser. Thereafter K.L. discovered money was missing from the dresser. Upon being confronted with the video, Rodriguez texted: “I ain’t take no money besides today.” Rodriguez was charged with burglary, in violation of…