Reza

Thomas Reza was convicted by jury of burglary and attempted burglary (Pen. Code, §§ 459; 664, 459). Reza was virtually caught in the act of the attempted burglary, but the evidence connecting him to the burglary consisted of only fingerprints on a window screen. He attacks the superior court’s refusal to allow him to plead guilty to the attempted burglary on the trial date.

I

On October 26, 1981, Guadalupe C. Camino discovered her Santa Ana home had been burglarized while she was at work. All the doors and windows were closed and locked when she left in the morning. Upon returning in the evening, she discovered the window of an office in her home open and the screen inside. The room had been ransacked. Camino testified she never gave Reza permission to enter her home, but two of his fingerprints were found and identified by police on the frame of the screen. There was no evidence as to which side of the screen bore the prints, but the screen had been in place behind the closed glass of the office window which had been forced open.

On November 12, 1981, Lydia Gallardo was inside her home located about one-half mile from Ms. Camino’s residence and also in Santa Ana. At…

While I concur in that portion of parts I and II which hold failure to permit appellant to plead guilty to any or all of an information at any stage of the proceedings is error but harmless (People v. Watson (1956) 46 Cal.2d 818, 836 [ 299 P.2d 243 ]), I cannot join the majority’s discussion of Evidence Code section 1101, subdivision (b).

As the majority correctly notes, Evidence Code section 1101, subdivision (b) permits the admission of evidence of a crime or other act when relevant to prove identity, motive or intent under limited circumstances. Specifically, other acts are admissible when there are common, distinctive marks leading to the conclusion . . if the defendant is guilty of one he must be guilty of the other. Or as the matter is sometimes stated, the other offenses . . . are sufficiently similar and possess a sufficiently high degree of common features with the act charged where they warrant the inference that if the *657 defendant committed the other acts he committed the act charged.’ ” (People v. Thomas (1978) 20 Cal.3d 457, 465 [ 143 Cal.Rptr. 215 , 573 P.2d 433 ].)

Where the majority dangerously breaks new ground is in holding the addition of a fingerprint…

Thomas Reza was convicted by jury of burglary and attempted burglary (Pen. Code, §§ 459; 664, 459). Reza was virtually caught in the act of the attempted burglary, but the evidence connecting him to the burglary consisted of only fingerprints on a window screen. He attacks the superior court's refusal to allow him to plead guilty to the attempted burglary on the trial date.

On October 26, 1981, Guadalupe C. Camino discovered her Santa Ana home had been burglarized while she was at work. All the doors and windows were closed and locked when she left in the morning. Upon returning in the evening, she discovered the window of an office in her home open and the screen inside. The room had been ransacked. Camino testified she never gave Reza permission to enter her home, but two of his fingerprints were found and identified by police on the frame of the screen. There was no evidence as to which side of the screen bore the prints, but the screen had been in place behind the closed glass of the office window which had been forced open.

On November 12, 1981, Lydia Gallardo was inside her home located about one-half mile from Ms. Camino's residence and also in Santa…