People v. Marin CA4/1

FACTS

Alice Campbell and her husband lived in a single-family home on a cul-de-sac in

Escondido. On the morning of August 2, 2012 at about 9:00 a.m., Alice left home to go

to the gym. Her husband had left home to go to work at 5:00 a.m. When Alice returned

home around noon, she saw that a stained glass window pane on her front door was

1 All statutory references are to the Penal Code unless otherwise specified.

2 broken and that there was shattered glass from the broken window on the inside of the

house in the front entry area. She also noticed drops of blood in the area of the shattered

glass inside the house and in the area of the broken windowpane outside the house. The

front door was secured with a deadbolt that required a key to unlock it from both the

inside and outside. Alice did not leave a key in the inside lock because she generally

entered and left the house through the garage and did not use the front door. If a key had

been in the inside lock, a person could have reached through the broken door panel and

unlocked the door from the outside.

Alice called 911 to report a burglary. A sheriff's deputy responded within 10

minutes. The deputy noted a…