People v. Sparks CA1/3

BACKGROUND

There was evidence of the following facts at trial. On Tuesday, March 27, 2012, around 9:20 a.m., Steve Kaspar was driving past his friend Thomas Arbuckle’s house on Pacheco Boulevard in Martinez. When he saw an unfamiliar blue bicycle and a backpack lying on the driveway, he pulled over and walked to the back of the house. The back door was closed but the hasp and padlock securing the door were broken away and dangling from the building. He opened the door and saw defendant standing next to a black bag. Defendant appeared to have something in his hands, which he set down when Kaspar

1 All statutory references are to the Penal Code unless otherwise noted.

1 entered. Kaspar asked defendant to explain himself and ordered him outside. On receiving no satisfactory explanation for defendant’s presence, Kaspar asked defendant to leave. Defendant picked up his backpack and bicycle, and rode south on Pacheco Boulevard. Kaspar got into his vehicle and drove south on Pacheco Boulevard. He flagged down a Concord police car and told Officer Eugene Davis about defendant’s presence in the Arbuckle home. Kaspar described defendant as “a fellow on a bicycle with a rucksack.” Davis…