Castillo

Phillip Robert Castillo appeals his 13-year sentence after a jury convicted him of first degree burglary (Pen. Code, § 459) and possessing a burglary tool (§ 466).

Factual and Procedural Background

At about 9 a.m. on January 21, 1988, Dan Lulue heard his dog barking and went into the backyard to investigate. He looked over his fence into the alley and saw a person sitting on the curb. Thinking this was not unusual, Lulue went back into his house. About 10 minutes later, the dog began barking again. Lulue looked out his porch window and saw a woman climb over a fence and enter his neighbor Henry Medrano’s backyard. The man who had been sitting on the curb, later identified as Castillo, was at Medrano’s screened-in patio door when the woman climbed over the fence. Lulue then saw Castillo stand with the woman at the screen door for about 15 to 30 seconds. Castillo appeared to be working on the door although he did not seem to have a key. Castillo opened the door and he and the woman entered the enclosed patio. Suspecting a burglary was occurring, Lulue telephoned the police.

Officers Dan Albright and Christopher Buxton responded to the radio dispatch concerning the…