People v. Butler CA2/4

BACKGROUND

Because the evidence at trial is largely immaterial to the issues on appeal, we only briefly summarize it.

Prosecution Evidence On July 31, 2013, around 12:30 p.m., John Crum, who lived on Markwood Street in Duarte, observed three men committing what he thought was a burglary at the home of a neighbor, Liberacion Lazaga. He called the police. As sirens approached, he saw two people run from the house to a car, one of whom jumped into the car through an open window. The car sped off. Responding to a burglary call, Los Angeles County Deputy Sheriff David Olivas also observed the car and saw someone jump through an open window of the car. He pursued the vehicle, which stopped to let two men out. The car then sped off, but crashed trying to enter the 605 freeway. Defendant got out of the car and surrendered. The car had been rented in defendant’s name, and inside was a police scanner set to monitor police communications from Duarte, Diamond Bar, and La Canada. Gloves and two cell phones also were found in the car. Liberacion Lazaga worked nights, and was at home sleeping when the incident at her house occurred. She was awakened by the sound of a police helicopter and…