People v. Bailey CA4/1

STATEMENT OF FACTS

Since this appeal does not challenge either the admissibility or the sufficiency of

the evidence to support the convictions we will only set forth a very brief summary of the

facts of the offenses.

At about midnight on May 22, 2013 a family returned home from a vacation.

They lived in the upstairs portion of a duplex in Ocean Beach. They discovered their

storage cabinets and lockers in the carport had been opened and items taken. They also

All further statutory references are to the Penal Code unless otherwise specified. 2 discovered pry marks on their back door where someone had attempted to enter the

dwelling.

The family encountered Bailey, his codefendant Bryce Schlect, and a woman who

were in the process of taking items and placing them in a white van parked nearby.

Bailey and his compatriots were able to get away. Police discovered a pair of bolt

cutters, a pry bar and a pair of gloves. The bolt cutters had Schlect's DNA on it and the

gloves had Bailey's DNA on the interior of the gloves. The van was registered to Schlect.

DISCUSSION

Bailey does not challenge his convictions. He only challenges the trial…