P. v. Thomas







Filed 11/22/10 P. v. Thomas CA1/3




NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL THOMAS, Defendant and Appellant.

A129033 (San Mateo County Super. Ct. No. SC070805)

Michael Thomas (appellant) appeals from a judgment entered after a jury found him guilty of residential burglary (Pen. Code,[1] § 460) and found true an allegation that the residence was occupied by a non-accomplice at the time of the offense (§ 667.5, subd. (c)(21)). Appellant's counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not file such a brief. Having independently reviewed the record, we conclude there are no issues that require further briefing, and we affirm the judgment.
Factual and Procedural Background[2]
An information dated April 20, 2010, charged appellant with residential burglary (§ 460) and alleged the residence was occupied by a non-accomplice at the time of the offense (§ 667.5, subd. (c)(21)). The information also alleged that, at the time of the offense, appellant was on parole for a serious or violent felony, and that he had two prior convictions that qualified as strikes and serious prior felonies (§§ 1170.12, subd. (c)(2), 667, subd. (a)).
At a jury trial, the victim testified that at about 9:00 p.m. on February 15, 2010, she was at home sitting at her dining room table working on her laptop computer when she heard a sound coming from the laundry room area of her house. A raccoon had previously come in through the laundry room window, which the victim kept partially open for her cat, so she thought the sound was coming from a raccoon that â€