People v. Deuter CA2/7

INTRODUCTION

Brandy Jaime Jordan Deuter (Jordan) stole a plaque from a city councilman’s office and a phone from a nearby hair salon, where she also tried to steal a touchscreen tablet and credit card reader that allows businesses to process credit card payments. The trial court convicted Jordan of second degree burglary for the incident at the councilman’s office and attempted second degree burglary for the incident at the salon. Jordan appeals, arguing substantial evidence did not support the finding she had the requisite intent to steal when she entered the two premises. She also argues that the trial court erred in denying her motion for judgment of acquittal at the close of the People’s case and that the abstract of judgment erroneously states she was convicted of burglary, rather than attempted burglary, for the incident at the salon. We conclude that substantial evidence supported the verdicts and that the trial court did not err in denying Jordan’s motion for judgment of acquittal. We also agree with Jordan and the People the abstract of judgment must be corrected to accurately reflect the oral pronouncement of judgment. In all other respects, we affirm.

FACTUAL AND…