P. v. Scott
In May 2005 a tenant of an apartment complex notified the assistant manager that he had seen someone looking over, and then jumping over, his neighbors fence. The assistant manager alerted other apartment complex personnel by radio and then went to the victims apartment. As he approached, he saw defendant Tony Eugene Scott in the upstairs window. The manager knocked on the apartment door and identified himself. Then he saw defendant leave the apartment through the patio door and jump over the patio fence. The manager and two other personnel chased defendant around the apartment complex. Ultimately, defendant stopped running and the employees held him until police arrived. The victim testified that she did not know defendant and did not give him permission to be inside her apartment. She acknowledged that nothing in the apartment had been taken or disturbed. The defense rested without presenting any evidence or testimony.
In case No. 05F03937, a jury convicted defendant of first degree burglary. (Pen. Code, 459, 460, subd. (a).) He was sentenced to state prison for four years, and awarded 60 days of custody credit and 30 days of conduct credit. The trial court imposed a restitution fine of $200 (Pen. Code, 1202.4, subd. (b)) and suspended an additional restitution fine in the same amount pending successful completion of parole (Pen. Code, 1202.45). The trial court further imposed a $10 crime prevention program fee (Pen. Code, 1202.5) with a $10 state penalty assessment (Pen. Code, 1464) and a $7 county penalty assessment (Gov. Code, 76000), a $20 court security fee (Pen. Code, 1465.8), and booking and classification fees.
In case No. 04F06528, the trial court found that defendant violated his probation by committing the offense in case No. 05F03937. He was sentenced to state prison for a concurrent term of one year; awarded 90 days of sentenced time, 60 days of custody credit, and 30 days of conduct credit; and ordered to pay a $200 restitution fine (Pen. Code, 1202.4) and a $200 restitution fine suspended unless parole is revoked (Pen. Code, 1202.45).
Court appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.
Defendant filed a supplemental brief contending (1) there was insufficient evidence of the specific intent required for burglary, (2) the trial court erred by failing to instruct the jury on flight, and (3) his trial counsel rendered ineffective assistance. Court consider these points in turn.
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