Marquez

Appellant appeals from his conviction of burglary (Pen. Code, § 459), fixed by the trial court as first degree burglary.

The Facts

On November 11, 1981, at around 10 p.m., Officer Warren Logan of the Visalia Police Department was dispatched to a house located at 615 North Court Street, Visalia, California. He and Officer McGee found appellant hiding in the backyard, wearing dark clothing, gloves, and carrying a flashlight. Appellant was placed under arrest.

Officer McGee found a window to the house open. Below the window was a dust cover for a stereo. Clocks and a tape recorder were found near the rear gate. In the alleyway, there was a 1970 Rambler stationwagon. In the automobile was a television and a stereo turntable. The dust cover found beneath the window matched the turntable in the car. Keys found in appellant’s pocket fit the ignition of the automobile.

No one was living in the house. The house was owned by Emma Lindemann who was confined to a boarding residence. According to Dorothy Lindemann, the last time Emma Lindemann had lived in the house was June 8, 1979, or possibly June 8, 1980. Dorothy Lindemann and her husband were the conservators of Emma…