People v. Arnell CA3

FACTS

Count One: Burglary of Fashion Cleaners Around 4:00 a.m. on February 10, 2012, someone broke into Fashion Cleaners in the Arden Arcade area and took the cash register. The side window was broken with a fist-sized rock. Video surveillance showed two men, one of whom entered and removed the cash register. A sheriff’s detective reviewed the surveillance videotape and recognized defendant as the suspect who remained outside while the other suspect entered the premises. Upon viewing the surveillance videotape, two other people who had known defendant for about two years and had regular contact with him also identified defendant. Count Two: Burglary of Papa Murphy’s Around 5:30 a.m. on March 30, 2012, Papa Murphy’s pizza shop in the Arden Arcade area, two to three miles from Fashion Cleaners, was broken into and the coin trays from the cash registers were taken. The glass front door was broken with a rock. Video surveillance showed defendant throwing a rock through the window, entering the

Undesignated statutory references are to the Evidence Code.

2 business, opening the cash registers, taking the cash trays, and fleeing in a small station wagon. The sheriff’s detective…