People v. Trayham CA2/7

INTRODUCTION

Defendant Alfred Eldred Trayham appeals from a judgment of conviction entered after a jury found him guilty of first degree burglary (Pen. Code, § 459) and found true the allegation that another person, other than an accomplice, was present in the residence (id., § 667.5, subd. (c)). The trial court sentenced Trayham to state prison for the middle term of four years. The court awarded Trayham a total of 249 days of presentence credit (217 actual days and 32 days of conduct credit). The court ordered Trayham to pay a $40 court operations assessment (id., § 1465.8), a $30 criminal conviction assessment (Gov. Code, § 70373), and a $240 restitution fine (Pen. Code, § 1202.4, subd. (b)). The court also imposed and suspended a $240 parole revocation fine (id., § 1202.45).

FACTS

While Edwin Amaya was in the bathroom brushing his teeth and getting ready for work, he heard the front door to his apartment open and someone enter his living room. He heard the sounds of drawers opening and someone “looking for something.” At first he thought it was his wife, but he did not hear her voice. His three-and-a-half month-old son was sleeping in the living room. When Amaya went into…