People v. Martinez

95 Cal.App.4th 581 (2002)

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Nature of the Case

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Facts

D broke into a residence by removing the screen and entering through an unlocked window. The occupants of the house were not home at the time of entry. D had a good ole time and cooked some soup and tortillas and poured some orange juice. He placed those items on the coffee table. He also removed all of his clothing and placed it on a chair. Before D could eat the food, one of the occupants unlocked the door and entered the house. She entered the house, observed the food, clothing and that the television had been turned on. She immediately left the home and went to a phone and called police. When the police searched the house, they found D naked, hiding in a closet. D told the arresting officer he entered the house through the unlocked bedroom window. He said he was hungry and wanted to find food. At trial, D admitted entering the house because he wanted to take a shower. He intended to use soap and shampoo inside the house. D denied intending to take food. He said he decided to take food after he entered the house. D took a shower using soap and shampoo and that he dried with towels in the bathroom. He said he also shaved with a razor and shaving cream found in the bathroom. D said he cooked the food after taking the shower and that he remained naked inside the house because it was comfortable. The occupant testified that when she entered the house, she checked the bathroom. There were no signs of anyone taking a shower. D was convicted and appealed.