People v. Benavidez CA6

Filed 10/20/22 P. v. Benavidez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049693

(Monterey County Plaintiff and Respondent, Super. Ct. No. 21CR008255)

v.

ISAAC BENAVIDEZ,

Defendant and Appellant.

MEMORANDUM OPINION1

Defendant Isaac Benavidez appeals from the judgment entered after a jury convicted him of burglary in the first degree (Pen. Code, § 459; count 1)2 and misdemeanor trespass (§ 602, subd. (m); count 2). Benavidez argues that we should reverse the conviction on count 2 because there was insufficient evidence to support his conviction for trespass. The Attorney General concedes this argument. Benavidez does not challenge his conviction as to count 1. Benavidez had been living in his car when he…