People v. Cervantes CA5

FACTS

After attending a party with his family, Ralph Zepeda returned to his home sometime in the evening hours. Zepeda explained when he and his family left the home earlier that evening, his gate was closed and a window-mounted air conditioning unit was properly affixed to a back window. Upon returning home, Zepeda went to the front door and unlocked it then returned to his vehicle to unload some items. At that point, Zepeda noticed his gate was open and the air conditioning unit had been removed and placed on the ground. In addition, his 42-inch flat screen television set, which had previously been located inside the home, was now sitting on the ground by the window that was open. He also observed two people, whom he later identified as defendant and his teenage brother M., run from his property. Initially, he only noticed defendant running from the home, but as he chased after him, he also noticed M. was running from the home as well. During the chase, defendant stopped running and Zepeda passed him, continuing after M. As Zepeda gave chase, he noticed M. appeared to be holding something in his pocket. M. eventually stopped and Zepeda caught up with him. Once M. stopped,…