People v. Gentry CA3

BACKGROUND

PROSECUTION CASE

Miners Way Burglary On February 16, 2011, Tamra Nemecek arrived at her home at 1299 Miners Way in Roseville around 2:00 p.m. Noticing the outside door to the garage was broken and the door from the kitchen to the garage was open, she called the police. She went into the house and discovered her jewelry box was missing. At trial, Nemecek identified the stolen jewelry box, rings, and some medication she kept in the box. Meanwhile, Roseville Police Officer Ken Nakamura was patrolling in the neighborhood, which had been hit by a rash of burglaries, when he made contact with Andrew Padilla in response to a report of a suspicious person at a door. Padilla’s cell phone contained a text saying someone needed Padilla’s backpack. Officer Nakamura heard the dispatch about the Miners Way burglary during his communication with Padilla. He responded to the call, and saw defendant, wearing jeans and a dark sweatshirt, talking on his cell phone in the driveway of 1308 Miners Way. Defendant then went into the backyard of the home. At about the same time, Mark Onderko, who lived at 1305 Miners Way, saw a man hunched down in front of his truck. The White man was about…