People v. Rascon CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND2

A. December 2018 Residential Burglary On December 19, 2018, at approximately 11:00 a.m., Antioch Police Officer Padilla was dispatched to a home on Buchanan Street in Antioch. He contacted the resident, A.S., who was nervous and shaking. She stated she was in the backyard with her baby when she heard noises outside the yard’s side fence. She walked into her house and, through a window, witnessed a man trying to climb over her security gate. She called the police. The man was attempting to crawl through a gap above the iron security gate and below the decorative finish attached to the porch roof. The top of his body was through the gap up to his chest. He was unable to get into the enclosed porchway, where a small package was located. When A.S. confronted him, he walked away. A.S. then walked up to the security gate and looked toward the side fence where she had initially heard the noises. She saw another man jumping over the fence and walking down the driveway to the sidewalk. The two men then walked away together. Shortly thereafter, A.S. identified Rascon as the man who had attempted to climb through the gap above the security gate, and…