P.

P. v. Babin CA2/4

Good Law
Court of Appeal of CaliforniaAugust 1, 2013B245510California484 words

Opinion

Opinion

Manella, J.

FACTS

A. Prosecution Evidence In September 2012, Carmen Sayre and her husband lived in a residence on a property in Long Beach. Her son and his family lived in a separate residence on the property. The occupants of the property stored items in a garage attached to Sayre’s residence, including two large black garage bags containing aluminum cans, Sayre’s V.C.R., and her son’s bicycle. The garage doors were ordinarily secured with a lock. On September 4, 2012, at 8:00 a.m., Sayre checked the garage, and saw that its doors were locked. At approximately 9:26 a.m., Sayre and her husband heard noises within the garage. When she looked into the garage through a window, she saw a man walking out of the garage with the bags containing aluminum cans. Sayre had given no one permission to remove the bags. Sayre returned to her house and made a 911 call. At the request of the 911 operator, Sayre waited in a nearby alley for the police to appear. There, she saw a man pick up a bicycle in the alley and ride away. According to Sayre, the cyclist was not the man that she saw in her garage. Long Beach Police Department Officer Rudolfo Rodriguez and his partner responded to the 911 call in a patrol…

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