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P. v. James CA3
On May 1, 2019, 93-year-old Victor S. woke up to find someone had entered his home and took several items, including a leather jacket. An opened can of beer was left behind and one of his frozen dinners had been partially eaten. The screen door in the back of the home had its plexiglass broken and the wire mesh ripped. Defendant’s DNA was found on the lip of a beer can and on a fork in the home.
Evidence of two other incidents was admitted as uncharged misconduct. On July 29, 2017, defendant broke into a church, breaking a door and damaging a vent. Defendant took camera equipment and other items from the church. He told the Sacramento police he was homeless and broke in and took the items so he could sell them. He was convicted of second degree burglary as a result of this incident. Evidence of the incident leading to defendant’s first degree burglary conviction in case No. 19FE009012 was admitted as the second uncharged misconduct incident.

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