Filed 5/8/17 P. v. Manago CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
VON RYAN MANAGO,
Defendant and Appellant.
D070159
(Super. Ct. No. SCE351779)
APPEAL from a judgment of the Superior Court of San Diego County, Frances M.
Devaney, Judge. Affirmed.
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
In this criminal case, appointed appellate counsel has filed a brief presenting no
argument for reversal, but requesting that this court review the record for error in
accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). We offered defendant
Von Ryan Manago the opportunity to file his own brief on appeal and he filed a
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supplemental brief, which we address below. After independently reviewing the record
for error, as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende,
we affirm.
FACTS1
In April 2015, a woman called 911 after hearing someone rifling through a toolbox
outside her home and then attempting to enter the house. The police officers who
responded saw Manago walking away from the woman's house. When the officers
approached Manago, he told them that he was waiting for his girlfriend to pick him up.
The officers collected his identifying information and allowed him to leave.
In early June, at around 1:00 am, another resident in the area saw an AfricanAmerican
man who appeared to be pretending to jog down the street. The resident and
another neighbor who was with him watched the man walk between two houses and take
a small trash can from a yard and put it inside a dark Toyota sedan. The resident called
911, but the responding officers did not find anything. The resident continued to watch
the area, and saw the same man walking and looking over the fences of several houses.
The resident again called the police. The officers made contact with Manago, who told
them that he was out for a walk because he couldn't sleep. The reporting resident could
not positively identify Manago, and he was released.

1 For purposes of this section, we state the evidence in the light most favorable to
the judgment. (See People v. Osband (1996) 13 Cal.4th 622, 690; People v. Dawkins
(2014) 230 Cal.App.4th 991, 994.)
3
On June 21, 2015, G.M., who was nine months pregnant, was awakened at around
4:00 a.m. by her barking dog. She was in bed with her husband and their two-year-old
daughter. G.M. went back to sleep, but was awakened a second time when she felt
something wet on her arm. She made eye contact with a man who was standing next to
her bed. As soon as G.M. saw the man, he quickly exited the room. She then realized the
man had been masturbating and that the wet substance on her arm was semen. She woke
her husband, who called 911 while he searched the house. When the police arrived they
took DNA samples of the semen on G.M.'s arm, as well DNA samples from her and her
husband. The DNA sample taken from G.M.'s arm matched DNA that was later collected
from Manago. The police also collected a blue latex glove that was found lying at the
foot of the bed.
That same night, a nearby resident called 911 to report a suspicious AfricanAmerican
man who was looking into the windows of homes with a flashlight. The
resident described the man as being in his mid-twenties, tall and skinny, and wearing dark
clothing and blue latex gloves. Surveillance video from a home on the street showed a
person walking along the road, and looking into and tampering with the bedroom window
of a nearby home. Police took impressions and photographs of footprints beneath the
window, which later were matched to Reebok tennis shoes worn by Manago.
On June 22, 2015, an officer investigating these incidents pulled over Manago,
who was driving a dark Toyota Camry matching the description of the car reported weeks
earlier. In the car the officer found blue latex gloves, like the glove found in G.M.'s
bedroom. Manago agreed to be interviewed at the police station and voluntarily provided
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a DNA sample. Manago initially denied entering G.M.'s home and ejaculating on her.
He was then arrested and interviewed a second time by police. In that interview, Manago
admitted entering G.M.'s house and said that it was "[m]ore than likely" police would
find his DNA there. Manago described watching G.M. from outside her window.
Manago admitted that he removed one of his gloves in G.M.'s home and that he had
dropped it there by accident. He also admitted that some time before the incident
involving G.M., he had masturbated while watching another woman through a window
and had ejaculated on a nearby wall and bush.
Manago was charged with first degree burglary (Pen. Code, §§ 459/460,2 count 1),
indecent exposure after unlawful entry into an inhabited dwelling (§ 314, count 2),
prowling and peeking (§ 647, subd. (i), counts 3 & 6), attempted first degree burglary
(§§ 664, 459/460, count 4), and prowling (§ 647, subd. (h), count 5).3 The charging
information also alleged that another person was present in the residence during the
commission of the burglary charged in count 1, and that Manago had a prior conviction
for residential burglary within the meaning of sections 667, subdivisions (a)(1) and (b)
through (i), 1170.12 and 668. After four days of trial, the jury convicted Manago on
counts 1, 2, 3, and 5 and acquitted on counts 4 and 6.
At sentencing, the court selected count 1 as the base term and imposed the
aggravated term of six years in prison. The court stayed the sentence on count 2 and

2 Undesignated statutory references are to the Penal Code.
3 Counts 1, 2, 3, and 6 related to G.M., count 4 related to the April incident, and
count 5 related to the incident caught on the surveillance video.
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ordered Manago to serve 180 days in jail on counts 3 and 5, with credit for time served.
The court ordered Manago to pay a $3,600 restitution fine under section 1202.4,
subdivision (b), imposed and stayed a parole revocation fine under section 1202.45 in the
same amount, and also imposed court security fees, criminal conviction assessments,
booking fees and a fine under section 290.3. The court ordered victim restitution in the
amount of $530 to G.M. and retained jurisdiction on restitution issues. Manago was also
ordered to provide specimens as required by section 296 and to register as a sex offender
under section 290.
DISCUSSION
In his supplemental brief, Manago complains about several matters. He argues
that his offense under section 459 is not a violent offense as defined by section 667,
subdivision (c). He also contends that the imposition of a six-year sentence was improper
because he had no prior convictions. Finally, he asserts that he is innocent and no
evidence connected him to the crime scene.
Appellate counsel has identified the following issues that "might arguably support
the appeal" (Anders, supra, 386 U.S. at p. 744): (1) whether appellant's conviction in
count 1 must be reversed because the trial court failed to instruct on mistake of fact;
(2) whether entry into a dwelling house with the intent to commit a violation of section
314, a wobbler, qualifies as entry with intent to commit "any felony" for the purpose of
the burglary statute; and (3) whether the trial court abused its discretion by ordering
appellant to pay $500 in restitution for installation of a video surveillance system in the
victim's home.
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We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d 436
and Anders, supra, 386 U.S. 738, including the issues raised by Manago and those
referred to by appellate counsel. We have not discovered any reasonably arguable issue
for reversal on appeal. Competent counsel has represented Manago on this appeal.
DISPOSITION
The judgment is affirmed.
AARON, J.
WE CONCUR:
McCONNELL, P. J.
HALLER, J.