Blalock

A jury found defendant guilty of second degree burglary as charged in count IV of an amended information. A motion for a new trial and probation was denied and defendant was committed to California Youth Authority. Defendant appeals from the judgment of conviction.

On October 20, 1970, Miss Thomas was the owner of a 1959 Pontiac automobile which she parked on Imperial Highway near Compton Avenue. It was approximately 10 p.m. when she left the automobile and she believed she locked it before she left the car.

In the trunk, which was locked, she had a red bumper jack, some mechanical tools and two tool boxes, one large one and a small red tool box. The trunk of the vehicle was locked and could be opened only with a screwdriver; the key would not unlock it.

When Miss Thomas returned the next morning to the location where she had parked her vehicle the car was gone. She had not given anyone permission to remove her automobile.

On October 21 Frank Oliphante was on his job- at 92d and Graham Streets near Beach. He observed a 1959 Pontiac which was parked nearby and noticed the defendant and another man standing near the rear of the Pontiac. He also observed that one of the…