People v. McNair CA3

FACTS AND PROCEEDINGS

Prosecution Case-in-Chief On June 16, 2013, defendant’s acquaintance Matthew Boyle rented a cargo van in Rancho Cordova. Boyle was supposed to return the van the next day but failed to do so. On June 18, 2013, Boyle and defendant were recorded on surveillance video at a Sacramento pawn shop. They had a cargo van similar in appearance to the rented van. When the van was returned on July 1, 2013, the rear bumper bore stickers that concealed the rental company’s serial number. The van was dirty, its gas tank was empty, and a floor mat was missing. Two days after the visit to the pawn shop -- June 20, 2013 -- a neighbor’s surveillance system recorded two men in a cargo van entering the driveway of a single family residence in Davis. The homeowners, Martin and Sandra Devault, were not present. One man approached the front door with a clipboard and then returned to the van, evidently because the door had not been answered. Thereafter both men entered the garage and, after 10 minutes, returned to the van. The van left the scene and, after 39 minutes, returned to the house. The men reentered, carried property to the van, and departed. Mrs. Devault had not given…