People v. Martinez CA2/4

BACKGROUND

Prosecution’s Evidence Eighty-one-year-old Dallas Todd resided in an apartment on East Alondra Boulevard in Compton, and stored various items of personal property in a garage there. On December 9, 2014, Mr. Todd discovered a hole in a garage wall large enough for a person to climb through. The garage had been ransacked and several items of his property were missing. The next day, December 10, 2014, Mr. Todd, along with his son, Eugene Warren, and his nephew, Dennis Todd, entered the garage again and found defendant inside. Mr. Warren asked defendant why he was there, and defendant answered that he was looking for his wallet. Mr. Warren called the police. Los Angeles County sheriff’s deputies arrived, and found in defendant’s truck several items that Mr. Todd identified as his, including a gas can, a fishing tackle box, a drill, a bottle of cider/champagne, and some sports trading cards.

Defense Evidence Defendant’s stepson, Daniel Rodriguez (then 33 year old), testified that the box of trading cards found in defendant’s truck was his.

DISCUSSION

Defendant’s appointed counsel on appeal filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asking…