People v. Ruppell CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On July 19, 2006, Hanan El-Amin was in bed watching television when she saw a man, later identified as Ruppell, approach the double doors leading from the patio to her bedroom. He tried to open the doors, at which point El-Amin got up and started yelling at him. Ruppell appeared surprised someone was inside2 and ran off. Further investigation revealed that an iPod had been stolen off the nightstand in a separate bedroom occupied by one of El-Amin’s housemates. A window screen above that nightstand had been pried open. After Ruppell was arrested on unrelated charges a few weeks later, the stolen iPod was found in a search of his motor home. Ruppell was charged by information with one count of first degree burglary (§ 459, count 1)3 as follows: “PC 459 FIRST DEGREE BURGLARY, PERSON PRESENT [¶] COUNT: 001, On or about JULY 19, 2006 the crime of FIRST DEGREE BURGLARY, PERSON PRESENT, in violation of Section 459 of the Penal Code, a

2 Although the doors had windows, Ruppell apparently could not see into the bedroom due to the glare. 3 The information also charged Ruppell with one count of attempted residential burglary (§§ 664, 459, count 2).…