Hamilton

People v. Hamilton

Good Law
1969 Cal. App. LEXIS 1445·2 Cal. App. 3d 596·82 Cal. Rptr. 700
Court of Appeal of CaliforniaDecember 12, 1969Crim. 3559California3,033 words

Opinion

Opinion

Whelan, J.

Defendant appeals from a judgment imposing sentence for burglary in the first degree, after a verdict to that effect, and his admission of two prior felony convictions.

The Evidence in Support of the Verdict

On April 21, 1968, at about 4:29 a.m., a burglar alarm was received át the office of an alarm company indicating an alarm had gone off at Halliday’s, a men’s clothing store in a shopping center at 2750 Harbor Boulevard in Costa Mesa.

At about 4:30 a.m. of that day, Matthew J. Collett (Collett), a Costa Mesa police officer, in uniform and in a marked police car, received a radio message concerning a burglary at Halliday’s and proceeded there, arriving about one and one-half minutes after hearing the call.

With the lights of his vehicle off, he entered the shopping center from Adams Street to the north of the parking area of the shoping center, and approached Halliday’s, the front of which faces west.

When Collett reached a point 120 to 130 feet from the store entrance, he observed a person standing in the recessed doorway; as Collett came closer, the man turned around and looked at him, and then walked to a post that supported the outer edge of an overhead shield…

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