People v. Luna CA4/3

FACTS

In the early morning of December 17, 2012, Alexandra Franco and her daughter returned to their home in Ontario. She saw a Jeep, later identified as belonging to defendant, parked on a side street adjacent to her home in a driveway area. Upon entering the home, she heard noises coming from a bedroom, and upon looking under the door, she saw two sets of feet in the room. She grabbed her daughter and her purse and left the house. After she left, Franco saw defendant and another man run out of the back of the house, jump a fence and go toward the Jeep. She called 911 and followed the Jeep to try to get the license plate number, which she was unable to do. Later, it came to light that Sandra Stevens, Franco’s neighbor, had seen defendant’s Jeep driving up and down the block slowly. She later identified defendant as the driver. Joseph Vincent, another neighbor, saw defendant and another man in the Jeep that morning and had direct contact with them. Vincent, too, later identified defendant in a photo lineup.

2 After Franco called 911, the police responded to her home. An iPad and other items were missing. The next day, a tracking program showed the iPad at a particular address. A…