P.v. Chavez CA4/1

STATEMENT OF FACTS

This case arises from a burglary of room 215 at the Travelodge in El Cajon on

June 28, 2014. At that time Chavez was registered as a guest in room 208 of the

Travelodge.

Room 215 was occupied by Braulio Ponce and his coworker Samuel. At around

9:00 p.m., Ponce went to bed. However, he left the door ajar because Samuel was out of

the room. At around 11:00 p.m., Ponce woke up when Samuel returned to the room.

Ponce discovered that his wallet and other items, including Samuel's suitcase, had been

taken.

The abstract of judgment erroneously reflects the five-year enhancement was imposed pursuant to section 667.5, subdivision (b). We will direct the trial court to amend the abstract of judgment to show that the five-year enhancement was imposed under section 667, subdivision (a)(1). 2 Review of the surveillance video at the Travelodge showed Chavez, wearing the

same orange t-shirt and blue jeans as he did when he checked into the hotel earlier in the

day. He was seen entering room 215 empty handed and emerging a short time later with

various items, including Samuel's suitcase.

Police arrested Chavez in his room, where they found the…