P. v. Lewis
A third amended information charged Lewis with eight counts, including those in issue on this appeal: count 4, second degree burglary of a vehicle, in violation of Penal Code section 459;[1] and count 6, obstructing or delaying a police officer, in violation of section 148, subdivision (a)(1). A jury found Lewis guilty on those and four other counts, and the trial court sentenced Lewis to a total term of seven years and four months in state prison.
At trial, Arcadia Police Officer Zachary Schumaker testified that he was on duty early in the morning of June 19, 2012. A resident told him that he had heard glass shatter and there may have been a car burglary in the area. Officer Schumaker made a traffic stop of Lewis’s truck, which left a nearby driveway and drove off, going 65 miles per hour in a 45 miles per hour zone. A search of Lewis’s person and of the truck turned up flashlights, a lockpicker, burglary tools, a crowbar, gloves, screwdrivers, pliers, and a wire cutter, “and what I believe to be stolen property.†Also found under the passenger seat were shaved keys, which are used to access locks on older model vehicles. Officer Schumaker arrested Lewis for suspected vehicle burglary, but the police were unable to confirm that there had been a car burglary.
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