Peralez

By information filed by the District Attorney of Orange County, appellant and Dolores Hernandez, who is not an appellant herein, were charged with burglary with intent to commit larceny. (Pen. Code, § 459.) Additionally, appellant was charged with a prior conviction of first degree robbery occurring in February 1955. Appellant entered a plea of not guilty and denied the prior conviction. After a trial by jury, appellant and the codefendant were found guilty of burglary. The prior conviction for robbery charged against the appellant was found to be true. He was denied probation and sentenced to state prison for the term prescribed by law. Appellant filed a timely notice of appeal from the judgment of conviction.

Facts

Mr. and Mrs. Robert Hall, residents of Seal Beach, were the next door neighbors of Mrs. Nancy Tyler, the victim of the charged burglary. On August 3, 1969, the date of the burglary, Mrs. Tyler was not at home. At approximately 11:30 p.m. the Halls were awakened by the barking of their dog. Mr. Hall heard a noise coming from the Tyler house, which he described as the sound of “metal popping.” Looking from his bedroom window toward the Tyler house, he was…