Rosales
People v. Rosales
Opinion
Opinion
Zenovich, J.
Luis Urena Rosales appeals the judgment entered after the trial court, sitting without a jury, convicted him of burglary in the first degree. (Pen. Code, § 459.)
Summary of the Evidence and Proceedings
On March 23, 1982, at sometime between 3 p.m. and 4 p.m., Doris Dayton left her residence at 418 West Harding Road in Turlock and did not return until approximately 2:30 p.m. the next day. Upon her return on the afternoon of March 24, 1982, Dayton found her hoses out in the road, her back door, as well as her freezer door, open, screens off the doors and a broken window. Dayton also discovered that a number of items of personal property were missing from her house.
At approximately 3:30 p.m. that same afternoon (Mar. 24) Lieutenant Herb Wilkerson, a specialist in fingerprint dusting, and Deputy Hans Bosma, both of the Stanislaus County Sheriff’s Department, responded to a call from Dayton reporting a burglary at her house. An investigation of the scene was made and Lieutenant Wilkerson dusted and obtained latent fingerprints from a rear window near a rear door of the house. Deputy Bosma took notes of the items missing from Dayton.