Armijo

People v. Armijo

Good Law
1990 Cal. App. LEXIS 618·221 Cal. App. 3d 271·270 Cal. Rptr. 496
Court of Appeal of CaliforniaJune 14, 1990B043465California3,671 words

Opinion

Opinion

Goertzen, J.

After a jury trial, defendant/appellant Anthony Lewis Armijo (appellant) was found guilty of burglary in the first degree. (Pen. Code, § 459.) Appellant appeals, asserting there is no substantial evidence to support his conviction because the witnesses’ extrajudicial identification was not confirmed at trial and there was no other evidence tending to connect him with the crime; prejudicial instructional error occurred; and the court prejudicially erred when it allowed the prosecutor to ask witnesses if they had been threatened. For the reasons discussed below, we reject each of these contentions and affirm.

Facts

The People's Case. Around 9 p.m. on January 19, 1989, Jose Martinez and his wife left their home, located at 1431 West Arlington Street in Long Beach, to go to the laundromat. Before leaving the house, Mr. Martinez locked it and gave no one permission to enter.

When Mr. Martinez and his wife returned about 45 minutes later, police officers were outside of his house along with some “kids that lived next door” to Mr. Martinez. One of the youths present was known to Mr. Martinez as David. Upon entering and checking the house, Mr. Martinez discovered that a video…

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