People v. Jennings CA2/1

BACKGROUND

Count 1: burglary of the garage About 4:30 a.m. on August 8, 2012, Joseph Augusta entered the gated parking structure beneath his apartment building and noticed two men inside the apartment manager’s van. Augusta made eye contact with them and told them to leave. Both men ran out of the garage. As Augusta walked toward his own car, defendant emerged from between Augusta’s car and the one next to it. Augusta told defendant to leave. Defendant complied, but returned while Augusta was speaking with the 911 dispatcher. Defendant had a towel wrapped around one hand and was extending that arm as if pointing a gun at Augusta. Augusta drew his own gun and aimed at defendant, who dropped to the ground, but subsequently fled. The lock and security panel for the garage gate had been broken. An unfamiliar pickup truck had been left in the garage, parked directly behind Augusta’s car. Counts 2, 3, and 4: burglary of vehicles in the garage Maxim Olevsky (count 2), the manager of the apartment building, testified his van was parked in the garage beneath the apartment building and locked. After the burglary,

Undesignated statutory references are to the Penal Code.

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