People v. Tafoya CA5

INTRODUCTION

Appellant Fidel Isaac Tafoya was convicted by jury of first degree residential burglary (Pen. Code, 1 §§ 459/460, subd. (a)), and sexual battery (§ 243.4, subd. (e)(1)). In addition, the jury found true an enhancement alleging that a nonaccomplice was present during the commission of the burglary. (§ 667.5, subd. (c)(21).) The trial court sentenced Tafoya to an aggregate term of 13 years in state prison. On appeal, Tafoya contends: (1) there was insufficient evidence to support his burglary conviction because the evidence failed to show he had the intent to commit theft, sexual battery, or rape; (2) the trial court erred in denying his motion for acquittal on his burglary conviction; and (3) his trial counsel violated his Sixth Amendment right to control the objective of his defense by conceding Tafoya had entered the victim’s apartment with the intent to commit a lesser offense. We affirm.

PROCEDURAL HISTORY

On October 31, 2019, the Fresno County District Attorney’s Office filed a second amended information charging Tafoya with (1) first degree residential burglary (§§ 459/460, subd. (a), count 1), while a nonaccomplice was present (§ 667.5, subd. (c)(21)), and…