People v. Reeser CA5

FACTS

On April 28, 2012, James was working at his manufacturing business in Fresno. At about 11:00 p.m., he stopped his grinder briefly and heard sheet metal rattling at the neighboring vacant business (the business). He knew the business had regularly been stripped of its metal sheeting and wiring, so he immediately thought it was happening again. James called his neighbor, Vince, who was also working in a nearby business. Vince hung up the phone and went outside. He unlocked his gate and walked toward the business. He immediately saw defendant riding a bicycle in circles in front of the business, which was unusual and suspicious because none of the businesses in the area were open to the public at that hour. When defendant saw Vince, he quit circling and rode his bicycle past him down the street. They made eye contact and Vince got a good look at defendant as he rode within 10 feet of him. As Vince got closer to the business, he heard unusual noises coming from the back of the property. He noticed that the gates, which were usually locked, were open. Wire and part of an antenna were pulled down and lying outside the gate. He entered the building and walked toward the source of…