People v. Figueroa CA4/2

FACTS AND PROCEDURAL HISTORY

The preliminary hearing evidence showed that victim Brian Erman owned a two-

story home where he lived with his wife and son. In approximately December 2010,

Erman hired defendant as a house cleaner. Defendant was to do “deep cleaning” in the

home once a month. Erman paid defendant $100 for each cleaning. He would leave the

money on the kitchen counter.

Defendant normally would telephone during the first week of the month to arrange

a date for the cleaning with Erman’s wife. On the scheduled day, Erman would admit

defendant to the house, usually between 8:00 and 9:00 a.m. No one else was in the house

at that time. Erman did not give defendant a key to the house. He would typically leave

for work about 15 minutes after defendant had arrived, and he instructed defendant how

to arm the alarm system before she left.

Starting in about May 2012, Erman’s 16-year-old son kept some money in a box

on the dresser in his bedroom. Erman would put cash into the box from time to time, so

his son would have spending money. Erman never told defendant what was in the box,

never gave defendant permission to open the box, and never gave defendant…