People v. Manry CA1/1

I. BACKGROUND

Defendant, along with codefendant Christian Paynes, was charged with one count of first degree residential burglary in an information dated September 4, 2012. (Pen. Code, § 459.) Defendant’s trial was severed from that of Paynes. Defendant and Paynes arrived at the Vacaville home of the victim, a high school student, early on the morning of May 22, 2012. Paynes had offered to drive the victim to school, but defendant drove them in his car because Paynes was unable to drive. Paynes had known the victim for several years, but defendant had met him only recently, when the three played video games at the victim’s home. Defendant did not enter the home that morning, but before leaving, Paynes used the restroom. On the drive to school, Paynes played music on his cell phone. While the three were driving around before dropping the victim off, defendant asked the victim if he intended to skip school that day. Just before 8:30 a.m., defendant and Paynes returned to the victim’s residence, purportedly to retrieve Paynes’s cell phone. The victim’s mother let Paynes into the home to look for his phone, which he did not find. Defendant and Paynes left in defendant’s car, and the…