People v. Anthony CA4/2

INTRODUCTION

On April 18, 2013, a jury found defendant and appellant Steve Anthony, Jr., guilty

of two counts of second degree burglary under Penal Code1 section 459. The trial court

sentenced defendant to three years in state prison for count 1 and to a consecutive eight

months for count 2. Defendant had a trailing probation revocation case involving a

violation of Health and Safety Code section 11379.2, sale or possession for sale of

ketamine. The court sentenced defendant to a concurrent three-year state prison term on

the trailing case.

On appeal, defendant contends that his conviction for one of the burglaries is not

supported by substantial evidence and the trial court erred in sentencing him to state

prison instead of county jail. For the reasons set forth below, we shall affirm the

judgment.

II

STATEMENT OF FACTS

On July 21, 2012, at about 4:00 p.m., defendant attracted the attention of a Macy’s

sales associate Katherine Stachurski in Rancho Cucamonga. Stachurski called security.

Based on her call, Loss Prevention Detective Daniel Renteria used the store’s video

monitoring system to find defendant; he was approaching the Diesel clothing display.

After…