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People v. Read

Good Law
1990 Cal. App. LEXIS 658·221 Cal. App. 3d 685·272 Cal. Rptr. 197
Court of Appeal of CaliforniaJune 21, 1990G007375California1,828 words

Opinion

Opinion

Moore, J.

Appellant was convicted by jury of attempted burglary and he was sentenced to state prison for the middle term of two years. On appeal, he alleges the court committed reversible error by instructing the jury on flight after crime. He also challenges the admissibility of evidence concerning an alleged escape attempt from an Orange County jail approximately six weeks after the crime. In addition, he seeks reversal of his state prison sentence on the ground that the court did not state sufficient reasons for denying probation. We affirm the conviction but remand the case for resentencing.

I

Facts

The Prosecution’s Case

On June 8, 1988, Teresa Mihelic resided with her husband, Dennis Mihelic, at an apartment in Newport Beach. At 1 a.m., in the upper of three levels within the unit, she heard a noise at the balcony door below. As she awoke Dennis, she heard a window, which was always kept closed, slide open. An empty purse and camera were on a counter very near the window and door.

Dennis grabbed a flashlight and ran downstairs while Teresa called 911. Dennis saw someone on his balcony. He illuminated the intruder with the flashlight and watched him climb over the railing…

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