P.

FACTS

One morning around 9:20 a.m., sheriff‟s deputies Theo Wilder and Robert Manche contacted defendant, who was sitting on a retaining wall with a towel wrapped around his bleeding fingers, which he said he had “messed . . . up” on a brick wall. A consensual search of defendant‟s person, videotaped by equipment on Manche‟s patrol car, revealed a straw bag with “Costa Rica” written on it, containing three remote controls, six music CDs, a plastic bottle of honey shaped like a bear, and loose coins. Manche found a flashlight and more loose change in defendant‟s pockets. Defendant was wearing “[a] glass crystal-type thingy” in the shape of a cross hanging from a chain. While talking to defendant, the deputies left to respond to an emergency call. Also that morning, a gardener notified Sharlene Dennis that her mother‟s house, located 70 to 80 feet from where the deputies contacted defendant, had been broken into. Dennis had been at her mother‟s house a few days earlier to pick up some items for her mother, who had recently entered a skilled nursing facility, and remembered

2 locking the door when she left. But upon arriving at the house with her husband sometime around 9:30 a.m.,…