The People v. Perez CA5

INTRODUCTION

Appellant Martin Armando Perez was convicted after jury trial of first degree burglary and sentenced to four years’ imprisonment. (Pen. Code, § 460, subd. (a).)1 Appellant challenges the sufficiency of the evidence supporting the guilty verdict and argues that he is entitled to additional custody credits. Neither contention is persuasive. The judgment will be affirmed.

FACTS

During the evening of January 16, 2010, Hilario Tellez, Sr. and his wife, Beatrice Chavez, ran some errands. While they were away, their house was burglarized and a flat screen television and a computer were stolen. The burglar or burglars entered the house by forcing open a bedroom window. Chavez and Tellez found two cigarette butts lying on the garage floor next to Tellez’s truck. In August 2011, police took a buccal swab from appellant. His DNA profile matched DNA that was found on one of the cigarette butts. 2 Chavez and Tellez do not know appellant and never invited him into their home. Appellant told a police officer that he smoked. He denied committing the burglary, saying “I’ll be honest. I steal cars. I didn’t do that, though.” Appellant’s younger brother, Juan Carlos Perez, testified…