People v. York CA3

FACTS AND PROCEEDINGS

Because the matter was resolved by plea, our statement of facts is taken from the probation officer‟s report. When L.K. and P.K. returned home on the evening of April 11, 2010, they found a Lexus parked in their driveway. The driver, later identified as codefendant Michaelann Campbell, said, “Oh, I must be at the wrong house.” P.K. heard a noise in the garage and discovered a man, later identified as defendant, in the backyard. Defendant fled on foot and P.K. chased him. Campbell backed out of the driveway and sped away. P.K. continued to chase defendant, who turned and confronted P.K. P.K. grabbed defendant and told him to wait for the police. Defendant tried to punch P.K., who dodged the blow. Defendant fled over a fence and escaped. Police officers stopped the Lexus and detained Campbell, who was on searchable probation. A search of the Lexus yielded a BB gun with one magazine clip, a loaded 12- gauge shotgun, burglary tools, and a scale with white residue that appeared to be methamphetamine. Campbell admitted that the shotgun and some methamphetamine found on her person were hers. A month later, while the burglary remained under investigation, police…