People v. Russell CA4/1

STATEMENT OF FACTS

Our opinion in People v. Russell, supra, 187 Cal.App.4th 981 contains a statement of fact which would provide background for this opinion. We will adopt the copy contained in the appellant’s opening brief for convenience. “About 4:30 or 4:35 a.m. on September 5, 2006, Ryan Creighton was outside of his house on North Tremont Street in Oceanside. Creighton was loading his truck in order to go to a 5:30 a.m. fire academy class at Palomar College. Creighton observed movement taking place on the porch of his neighbors across the street, Klaas and Golda Meurs. Creighton saw a shadowy figure moving quickly on the porch of the Meurses’ residence. In the process of loading his truck Creighton made a loud sound when he dropped the tailgate of the truck. Creighton noted then that the quickly moving figure stopped, looked in his direction for three to five seconds, then bent over, turned around and went back inside the Meurses’ residence. Thereafter, Creighton observed a flashlight sweep in the interior of the Meurses’ house. Creighton then noticed what he thought were lights in the upper story bedroom of the Meurses’ residence and therefore decided he did not need to call…