Thomas
People v. Thomas
Opinion
Opinion
Fleming, J.
Defendant appeals from the judgment entered following a juiy trial that resulted in his conviction for burglary. He contends: “I. Prejudicial error occurred when the trial court instructed the juiy in the disjunctive, that appellant could be found guilty of burglary if he entered Pacoima T.V. with the specific intent to commit larceny or with the specific intent to receive stolen property. (CT 32.) II. The prejudicial effect of the foregoing error was compounded by the trial court’s refusal to instruct the jury as per appellant’s request. III. The trial court abused its discretion in denying appellant’s motion to suppress the use of his robbery conviction for impeachment purposes.”
The procedural facts determinative of the one fundamental issue tendered by this appeal are not in dispute. On the afternoon of August 4, 1976, appellant and one Lee Richardson broke the lock on the front door of the Pacoima T.V. shop, a shop wherein its owner kept television sets he had purchased at swap meets for repair and sale. When the police arrived on the scene after a few items had been removed and placed in appellant’s car, appellant informed them, “We are helping the owner take this…