O'CONNELL

Appellant Kevin O’Connell was charged with violating Penal Code section 459. His first trial resulted in a mistrial, as the jury was unable to agree on a verdict. He was tried again, and was convicted of first degree burglary.

I

The following evidence was adduced at trial. While Joanne Larrabee was waiting for some friends, she saw a stranger inside their house. He was wearing a dark coat and Levis, and an earring in one ear, and had dark, curly hair. Larrabee testified that she recognized appellant as that stranger. When her friends arrived, one of them saw a person in Levis and a green jacket climb over the rear fence and start to run across a railroad trestle. As he ran, he dropped a camera which had been taken from the house.

Juanita Warren saw a man in a green jacket and Levis run from the direction of the trestle and enter apartment 68 in the complex where she lived. She identified appellant as that man. She told police officers who were looking for the suspect what she had seen. One of the officers then saw Philip Basile, who said he was going to visit Kevin O’Connell in apartment 68. The officer knew O’Connell and knew that two warrants for his arrest were…