People v. Sierra CA4/2

INTRODUCTION

Defendant Emiliano Madrigal Sierra was apprehended in the act of stealing from a

residential garage. A jury convicted defendant of residential burglary with an

enhancement for a violent felony. (Pen. Code, §§ 459 and 667.5, subd. (c).)1 His prior

convictions were found true by the court after defendant waived a jury trial. (§§ 186.22,

subd. (a); 667, subds. (b)-(i); and 1170.12, subds. (a)-(d).) The court sentenced defendant

to 22 years in prison. Defendant had rejected an offer of two years.

On appeal, defendant contends there was insufficient evidence to support his

burglary conviction and the court erred by not instructing the jury on trespass. Defendant

also argues the court erred in denying his Romero2 motion. We agree with the parties

that one year of the 22-year sentence should be stricken. Otherwise, we affirm the

judgment.

II

STATEMENT OF FACTS

On March 2, 2012, defendant entered the open garage door of the victim’s

attached residential garage. Defendant made a lot of noise, trying to remove a Shop-Vac

1 All further statutory references are to the Penal Code.

2 People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

2 vacuum cleaner…