P. v. Reams








Filed 11/17/10 P. v. Reams CA5
Opinion following rehearing







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. BRIAN KEITH REAMS, Defendant and Appellant.

F055639 (Super. Ct. No. BF114556A) OPINION

APPEAL from a judgment of the Superior Court of Kern County. Stephen P. Gildner and Clarence Westra, Jr., Judges.
Susan Pochter Stone, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Jennifer M. Poe, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury convicted appellant Brian Keith Reams of first degree burglary, receiving stolen property and loitering. He argues that his convictions must be reversed for several reasons. First, Reams claims there was insufficient evidence to support the loitering conviction. He also contends the trial court committed the following errors: (1) allowing the involuntary administration of psychotropic drugs, (2) failing to conduct a second competency hearing, and (3) permitting him to remain handcuffed during trial. Finally, Reams asks that we independently review sealed records to determine whether all discoverable material was disclosed. We disagree with his contentions, find all discoverable material was disclosed, and affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
L.C. Brown lived on Gentry Street in Bakersfield. The yard surrounding his home was enclosed by a chain-link fence in back with wooden fencing on the sides. Brown did not give Reams permission to be in his backyard on January 31, 2006.
On that day, after receiving a report, Bakersfield Police Officer Joseph Calvillo saw Reams in the backyard of Brown's home. Calvillo drew his weapon and ordered Reams to come out of the yard. Reams came through the gate to the front yard where Calvillo took him into custody.
Reams told Calvillo he was in the backyard collecting aluminum cans. Calvillo saw two duffel bags in the backyard where Reams had been standing. Reams said the duffel bags were his and gave Calvillo permission to search the bags. One bag contained a Toshiba laptop computer; the other bag contained several items, including a bottle of Admiral Nelson's spiced rum, a jar of change, cigarettes, and DVD's. There were no cans in either of the duffel bags or in the backyard.
Reams told Calvillo that the items in the duffel bags belonged to him and that he had purchased the computer downtown. Reams later told another officer that he purchased the computer for $30 from someone who was looking for money to buy drugs.
When interviewed at the police station later that same day, Reams said he collected cans and scrap metal for money. When asked what he was doing in Brown's backyard, Reams said he was taking a â€