People v. Weger CA5

INTRODUCTION

Appellant Phil Roger Weger challenges his convictions for first degree burglary and grand theft. He contends the trial court erroneously denied his motion to suppress two surreptitiously recorded conversations between himself and the victim, Cynthia DeBernardi, in which he made admissions regarding the burglary and thefts. He asserts the admission of the recordings violated the California Invasion of Privacy Act (Pen. Code, § 630 et seq.) and the Fourth Amendment of the United States Constitution. We find appellant’s arguments unpersuasive and affirm.

PROCEDURAL BACKGROUND

On January 30, 2012, the Merced County District Attorney’s Office filed an information charging appellant with first degree burglary (count 1; Pen. Code, § 459 ),1 and grand theft (count 2; § 487, subd. (a)). The following enhancements were further alleged in both counts: (1) appellant had sustained two prior convictions (§§ 1170.12 & 1192.7, subd. (c)); (2) the prior felony convictions were “serious felonies” (§§ 1170.12 & 667, subd. (a)(1)); and (3) he had sustained three prior felony convictions for which he served separate prison terms and failed to remain free of prison custody for a period…