People v. Padilla

Defendant was convicted, after bench trial, of various offenses related to burglary of a retail store. A DHS envelope containing Defendant's address, found at a basement apartment pursuant to a search warrant, was not hearsay and was thus properly admitted in evidence as the proof of residency was used to establish Defendant's constructive possession of items found in that apartment.  Evidence against Defendant was overwhelming. No ineffective assistance of counsel in failing to call Defendant's mother and sister, as it would have been cumulative and would not have altered the fact that the DHS letter and Defendant's actual possession of stolen property matching property recovered from basement apartment established his constructive possession of contraband recovered from basement. (GORDON and REYES, concurring.)