Kent

People v. Kent

Good Law
125 Cal. App. 3d 207·178 Cal. Rptr. 28·1981 Cal. App. LEXIS 2310
Court of Appeal of CaliforniaNovember 3, 1981Crim. 11866California3,841 words

Opinion

Opinion

Wiener, J.

David Eugene Kent appeals a judgment of conviction on counts of robbery (Pen. Code, § 211), burglary (Pen. Code, § 459), assault with a deadly weapon (Pen. Code, § 245, subd. (a)), and petty theft (Pen. Code, § 484). He contends that various errors at his trial mandate reversal of his convictions. We conclude the errors committed by the trial court were not prejudicial and affirm the judgment. (See Cal. Const., art. VI, § 13; Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ].)

Factual and Procedural History

The events giving rise to this case occurred on February 14 and 15, 1980. Kent was identified as one of two men who solicited tree-trimming work at the home of Juliet and Adeline Buckalew in La Mesa. Before beginning the trimming, Kent demanded entrance to the Buckalew’s garage in order to borrow a chain saw. Mrs. Buckalew finally agreed and admitted him. Kent left with the chain saw and failed to return. The Buckalews’ trees were never trimmed.

Kent was also identified by Frank Schuch as the individual who sought tree-trimming work at his La Mesa home the following evening. When Schuch declined, Kent and another man…

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