People v. Cardenas-Jacobo CA1/2

BACKGROUND

The facts underlying defendant’s offenses, for the most part, are not relevant to the sole issue on appeal. Suffice to say the charges arose from an entry into, and taking of personal property from, the parking garage of an apartment complex. A police officer familiar with the garage and apartments viewed a surveillance video and recognized defendant from prior interactions as the person in the video. One of the stolen items was found in defendant’s

1 garage, less than a mile from the apartment complex. The other stolen item was found at a Holiday Inn about one block from the apartment complex. Defendant was charged by information filed on February 1, 2022, with felony first degree burglary (Pen. Code, § 460, subd. (a)) (count 1); felony grand theft of personal property (id., § 487, subd. (a)) (count 2); misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364) (count 3); and misdemeanor possession of a controlled substance (id., § 11377, subd. (a)) (count 4). Count 1 alleged that the offense was a serious felony (Pen. Code, § 1192.7, subd. (c)) and a violent felony (id., § 667.5, subd. (c)(21) [another person, other than an accomplice, present in…