People v. Avatongo CA4/2

FACTS AND PROCEDURE

On May12, 2014, the People filed an amended, 12-count complaint, naming three

separate victims, and alleging defendant committed three counts of fraudulent use of a

contractor’s license number (Bus. & Prof. Code, § 7027.3), three counts of grand theft

(Pen. Code, § 487, subd. (a)), three counts of first degree burglary (Pen. Code, § 459),

and three misdemeanor counts of working as an unlicensed contractor (Bus. & Prof.

Code, § 7028, subd. (a)).

At trial, the People introduced testimony from four witnesses that is key to

resolving the issues raised in this appeal.

Marsha Thomas testified that she lived at 34593 Venturi Avenue in Beaumont, in

a community of newly built homes. In March 2011, defendant had already completed

some landscaping jobs in the neighborhood and was knocking on doors to get new

2 business. The homeowner’s association required residents to landscape their yards within

one year of moving in. Defendant knocked on Thomas’ door and offered to show her

pictures of work he had completed for other residents in the area. Thomas invited

defendant into her home. Defendant verbally told Thomas that he was a licensed

contractor and gave…