People v. Wardzala CA6

FACTS

I. The April 2011 Burglaries

Hilda and Jerry Ajlouny lived on Carol Drive in an unincorporated part of San José.2 The Ajlounys were elderly and disabled. Hilda had recently suffered a heart attack. The house in which the Ajlounys lived was approximately 6,000 square feet. They lived on the two top levels. Due to its ease of access, their main entrance was at the back of the house through a locking sliding glass door with a screen; the entrance led out to a deck that is adjacent to a driveway. Their son, Jeffrey, and his wife and two children lived in another level of the house with a separate entrance. There was a third, lower area of the house that Jeffrey was in the process of remodeling to turn into a rental unit. On the evening of April 4, 2011, the Ajlounys’ daughter, Mary Susan Germer- Euscher, stayed overnight to take care of her parents, which she often did. The Ajlounys typically slept in the downstairs family room in the rear part of the house. Hilda slept in a recliner chair because of her breathing difficulties, and Jerry slept on a nearby couch. That evening, Mary Susan slept on a couch in the same room as her parents. There was a kitchen with a dining…