On January 22, 2020, defendant Carlos Hector Alvarez—not the most clever burglar in history—was observed via Elen and Stephan Arabian’s home security cameras climbing over a fence into the victims’ backyard.  The Arabians continued to watch defendant as he tried to open the door to a converted (furnished) attached garage which Stephan used as his “cigar room.”  Los Angeles Sheriff’s deputies Luis Capilla and Vincent Soto, responding to the Arabian’s 911 call, were led through the house by the Arabians into the garage.  As they unlocked and opened the door from the garage to the outside, the door suddenly “flung open” and an undoubtedly surprised defendant stepped inside.  He was immediately taken into custody.  The doorknob to the garage was later found to have been damaged by defendant’s efforts to break in.  It was also observed at the time that defendant was wearing socks on his hands in an apparent attempt to avoid leaving fingerprints.  As the handcuffed defendant was led to the patrol car, a large plastic trash bag was observed near the side gate.  Deputy Soto asked defendant whether the bag was his, to which he replied; “Yeah.” No Miranda warnings were administered.  Charged in state court, a jury later convicted defendant of first degree residential burglary (Pen. Code § 459) with a person other than an accomplice present (Pen. Code § 667.5(c)(21) [which we used to label as a “hot prowl burglary;” i.e., a residential burglary when the victims are at home,]). Defendant was sentenced to the middle term of four years in state prison. He appealed.