Perry

On Sunday, July 23, 1978, at approximately 11:30 a.m., a San Francisco residence was burglarized while the occupants were on a weekend camping trip. Four suspects, including appellants Donna M. Lewis and Stanley E. Perry, were apprehended near the scene of the crime, and charged with burglary (Pen. Code, § 459), a felony. Perry was also charged with receiving stolen property, a violation of Penal Code section 496. The appellants pleaded not guilty, and a jury trial thereon was commenced on September 25, 1978. The jury found both appellants guilty of burglary in the second degree, and found Perry not guilty of the alternative charge of receiving stolen property. Their motions for new trials were denied, and each was sentenced to state prison on October 25, 1978. Each has appealed, and Perry has also filed a petition for a writ of habeas corpus which has been consolidated with his appeal.

On the morning of the burglary, Miss Gloria Harn looked out of her living room window and saw an old green station wagon bearing the license WHH 441 come to a stop in front of 6 Mateo Street in San Francisco. Miss Harn’s view of the stopped vehicle was partially blocked by foliage. The…