People v. Eisenhower CA4/2

I.

FACTS OF THE CASE

On October 27, 2012, the victim returned to her apartment. Before entering her

apartment, she noticed that something was amiss. When she walked up to her apartment,

she noticed that her blinds were drawn; they had been open when she left her apartment

three hours earlier. On opening the door, she observed that a cabinet door in the main

room was ajar; it had been closed when she left. Believing that a maintenance worker

from her apartment building was inside, she called out from the doorway, “Hello. Hello.”

She was preparing for a Halloween party on the date of the incident and was wearing a

costume that contained a feather boa along the bottom of the skirt. At that time,

defendant, who was shirtless, came around the corner from a hallway carrying in his left

All further statutory references are to the Penal Code, unless otherwise stated.

2 hand her purse filled with her things. At trial, the victim testified that she saw nothing in

his right hand. However, shortly after the incident, the victim told an officer that she had

believed that the defendant had her laptop in his right hand.

Defendant was approximately 30 feet away from the victim…