P. v. Oureque
Filed 3/28/06 P. v. Oureque CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, H028603
Plaintiff and Respondent, (Santa Clara County
Superior Court
v. No. CC454827)
JOHN MANUEL OUREQUE,
Defendant and Appellant.
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On January 14, 2005, a jury convicted defendant John Manuel Oureque[1] of second degree burglary, petty theft, possession of burglary tools, and being under the influence of a controlled substance. (Pen. Code, §§ 459, 460, subd. (b), 466 & 666; Health & Saf. Code, § 11550, subd. (a).) The trial court sentenced defendant to a total term of five years in state prison. On appeal, defendant contends the trial court erred in excluding an exculpatory statement defendant made to a police officer. We disagree and affirm the judgment.
I. Statement of Facts
A. General Background
At approximately 6:00 p.m. on May 20, 2004, Lancelot Fiaui parked his truck in his assigned parking space in the underground garage for his apartment building. Fiaui returned to the truck around 9:00 p.m. to drop off some paperwork. He left several personal items in the truck, including his wallet and a Comcast laptop bag. Fiaui noticed no damage, locked the doors and left for the night.
Early the next morning Fiaui returned to his truck and found the middle back window broken. The inside of the truck was in disarray and several personal items that had been in the truck the night before were missing. About five minutes after arriving at his truck, Fiaui heard a car alarm emanating from the parking garage of an adjacent building in the apartment complex. He drove over to the garage to investigate and found Milpitas Police Officer Craig Solis talking to defendant.
Solis had been patrolling the apartment complex at about 4:30 a.m. when he heard a car alarm sound. Driving toward the alarm, he heard a sound â€
