People v. Carriere CA2/2

FACTS

Prosecution Case Appellant and Evelyn Jones (Jones) lived in the same apartment complex on East Seventh Street in Los Angeles, which had surveillance cameras in the hallways. In the early morning hours of August 13, 2012, Jones and her boyfriend were asleep in her apartment. Jones woke up around 3:00 a.m., ate some food, and opened the apartment door for fresh air. She went back to sleep and woke up again at 6:00 a.m. When she went to the bathroom, she noticed that her CD player was missing. Jones asked her boyfriend about it. He said he thought it was still in the bathroom. When he started to roll back over in bed, Jones “told him to get out because he wasn’t concerned [with] what was going on.” Jones went down to the courtyard and started yelling that someone had stolen her property. At some point before 8:00 a.m., Jones went back to her apartment and noticed that her cell phone was missing from the top of her dresser.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Appellant has filed a petition for writ of habeas corpus, case No. B255124, which is considered concurrently with this appeal. A separate order will be filed in that…