P. v. Searcy
Filed 3/20/06 P. v. Searcy CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. ANGELO SEARCY, Defendant and Appellant. | C049029
(Super. Ct. No. 04F07274)
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A jury found defendant Angelo Searcy guilty of first degree burglary and falsely representing himself to a police officer. The court found defendant had one prior strike and had served three prior prison terms. He was sentenced to 16 years in state prison and a concurrent 30 days in county jail.
On appeal, defendant contends the court: (1) prejudicially erred in admitting dog-tracking evidence; (2) prejudicially erred in instructing the jury pursuant to CALJIC No. 2.62; (3) abused its discretion in ordering the jury to continue deliberating after it was deadlocked; and (4) abused its discretion in denying his request to strike the three prior prison term enhancements. Finding no reversible error, we shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
A
The Prosecution
In August 2004, the Bradys, who lived on 37th Street in Sacramento, were on vacation. They had asked their next-door neighbors, Larry Gualco, his wife Jody Bone, and their two sons, to check on the house in their absence.
At 9:00 p.m., on August 22, 2004, Gualco and his two sons went to the Brady residence. Gualco noticed the kitchen window was open and â€
