P.v. Debouver

People v. Debouver

Good Law
1 Cal. App. 5th 972·2016 Cal. App. LEXIS 617·205 Cal. Rptr. 3d 318
Court of Appeal of CaliforniaJuly 27, 20162d Crim. B262455California4,141 words

Opinion

Opinion

Yegan, J.

*974 Stephen Debouver, a career criminal with 26 different aliases, knows his way around a police station. He also knows his way around a courtroom. This time, he was convicted by jury of first degree residential burglary with a "person present" finding. (Pen. Code, §§ 459 ; 667.5, subd. (c)(21)). In a bifurcated proceeding, the trial court found that appellant had suffered a prior strike conviction (§§ 667, subd. (d); 1170.12, subd. (b)), a prior serious felony conviction (§ 1192.7, subd. (c)(18), and six prior separate prison terms (§ 667.5, subd. (b)).) Appellant was sentenced to state prison for 13 years. He appeals and contends, among other things, that the burglary "person present" finding is not supported by the evidence. We affirm.

*975 Facts and Procedural History

On January 22, 2014, at approximately 3:00 a.m., Elyahu Feiner awoke to the sound of car alarms in the apartment complex which he managed and where he lived. Feiner went into the secured subterranean garage and saw appellant leaning into a black Jeep that had a smashed window. Feiner asked if he lived there. Appellant said "yes" and walked away with a metal tool in his hand. Appellant got on a red bike and…

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