People v. Avendano CA2/3

BACKGROUND

1. The trial evidence. The information charged appellant with count 1, receiving stolen property, count 2, possession of burglary tools, and count 3, being under the influence of a controlled substance. It also alleged, inter alia, seven prior convictions pursuant to section 667.5, subdivision (b), the enhancement authorizing further punishment for

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 the service of a prior separate prison term for a felony.2 During the proceedings, appellant waived his right to counsel and proceeded to trial in propria persona with the assistance of stand-by counsel. The trial evidence established that in March 2012, there was a burglary at the business manager’s office of a large Hawthorne apartment complex. Items such as keys, car keys, remotes and key fobs for the complex were removed from the premises. The service supervisor for the complex testified that these items had been stored in a closet in the office in the lost and found box. Shortly before 12:38 a.m. on October 2, 2012, an employee of the apartment complex telephoned the sheriff’s department to report that a local homeless person was…