People v. Rith CA4/2

I. FACTUAL BACKGROUND

On the afternoon of December 7, 2011, Dan Williams parked his blue 2000 Honda

Civic in his Moreno Valley driveway. Williams closed the vehicle’s windows and locked

its doors. The following morning, Williams discovered that his car had been burglarized.

The driver’s side window was forced open, the window pane was off its track, and a sun

visor was broken off and had fallen to the ground. A panel underneath the vehicle’s

2 steering column had been removed, exposing the ignition and wiring. The car’s radio and

climate control had been stolen from the vehicle. Speakers had also been removed from

the trunk.

Law enforcement officials investigated and concluded that someone had been

trying to steal the vehicle; however, the thief was thwarted by the car’s “kill switch,” a

device that breaks the circuit of the ignition system when the vehicle is not started in the

proper manner. Two of defendant’s fingerprints were found on the sun visor that had

been removed from the driver’s side of the vehicle. Williams had never met defendant

before and did not give him permission to enter his car.

Defendant testified and denied committing the offense. According…