People v. Yates CA4/2

I. FACTS

On June 10, 2017, a search of defendant’s storage unit at a facility in Palm Springs

revealed several animal cages containing one dead cat and eight others in grave danger

and various states of distress. An animal control officer noted that the accumulation of

1 The court granted the People’s motion to dismiss count 21.

2 All further statutory references are to the Penal Code unless otherwise indicated.

3 Defendant raised, but later withdrew, his contention that section 654 applied to stay the sentences on some of his convictions. (People v. Correa (2012) 54 Cal.4th 331, 334 [§ 654 does not apply to multiple convictions under a single statute].)

2 feces in the litter was spilling into the kennels themselves, and opined that the feces had

been there for days and days. The storage unit was not climate controlled, it had been

rented by defendant on a month-to-month basis beginning May 11, 2017, and the activity

log specific to defendant’s gate code and access code showed access or activity on June 6,

7, 8, and 9 (three separate times).

On February 14, 2018, a search of defendant’s U-Haul, parked in the back of a

parking lot at a motel in Thousand Palms,…