People v. Xenakis CA5

FACTS AND PROCEDURAL HISTORY

The amended information charged Xenakis with three counts of first-degree burglary (Pen. Code, §§ 459, 460, subd. (a)),1 and two counts of misdemeanor receiving stolen property (§ 496, subd. (a)). Each of the felony counts in the amended information also charged Xenakis with having served four prior prison terms within the meaning of section 667.5, subdivision (b). Ronald Gray was sitting in his home working on his computer when he noticed a man and a woman walk past his window. It was early in the morning, so the appearance of the two caused him to be suspicious. He watched them walk across a neighbor’s driveway and toward a third neighbor’s garage. He went outside and saw the man ride by on a bicycle; the woman walked toward him carrying a chainsaw. When Gray told the woman to stop, she ran away. Gray entered his pickup and saw a minivan in which the woman was sitting. He pulled in front of the van. The woman backed the van up and drove away. Gray followed, but lost sight of the minivan. A short while later he found the minivan in the roadway turned over on its side. When Gray approached the van, he found there was no one inside. Gray identified…