People v. Washington CA2/5

I. INTRODUCTION

A jury convicted defendant, Kenneth Leroy Washington, of burglary (Pen. Code,1 § 459), theft of services valued in excess of $950 (§ 498, subd. (b)), and forgery (§ 470, subd. (d)). The trial court found defendant had sustained a prior felony conviction within the meaning of sections 667, subdivision (d) and 1170.12, subdivision (b). Defendant was sentenced to four years in state prison. We affirm with directions to amend the abstract of judgment.

II. THE EVIDENCE

A. The Prosecution’s Case

On September 26, 2013, Castlestone Properties acquired a single-family residence in the city of Little Rock, County of Los Angeles. Castlestone Properties agents discovered defendant and his wife, Sherry Washington, were residing on the property. Also residing in the residence was Donald Berdon. Defendant claimed to have a lease for the property, but he never provided a copy to any Castlestone Properties employees. A Castlestone Properties employee, Lauren Karnstedt, contacted the pertinent utility companies. Ms. Karnstedt learned there had been no utility service to the property for several years. On October 21, 2013, Detective James Moser went to the property to…