People v. Wagner CA4/2

FACTS

The male renter of a Riverside apartment testified that at 9:45 p.m. on May 24,

2013, he left his apartment to walk his dog, leaving the front door open, but the security

screen door closed. He returned 15-20 minutes later and noticed the screen door was ajar

and his wallet, containing identification and an ATM card, and his live-in girlfriend’s cell

phone were missing. His live-in girlfriend testified that while her boyfriend was out

walking the dog, she was inside the one-bedroom apartment’s bathroom, with the

bathroom door open, putting on makeup. Three to five minutes after her boyfriend had

All further statutory references are to the Penal Code unless otherwise indicated.

2 left with the dog, she heard a noise, looked outside the bathroom but saw no one, noticed

that the screen door was ajar and closed the front door. Her cell phone had last been on

the coffee table in the living room, near the front door.

At 9:40 or 9:50 the same night, defendant entered a sober living house across the

street and one door down from the afore-mentioned apartment. He went into the

bathroom and closed the door. When two occupants of the house tried to confront him,

he…