Moreno

Defendant Henry Anthony Moreno appeals his conviction by a jury of violating sections 459 and 487 (subd. 3) of the Penal Code, namely, burglary and grand theft of a firearm respectively. He was given concurrent sentences to state prison. No challenge is made as to the propriety and form of the sentences.

The following is a brief summary of the pertinent facts. The victim as to each count, a Mrs. Askin, returned to her apartment in the early morning hours of August 23, 1974. She immediately observed that her bed covering was missing and a search of her apartment disclosed that several items had been taken, including two cameras, a gun, a jewelry case, credit cards, feminine undergarments and other miscellaneous items. She observed that a bedroom window had been pried open and the screen removed. In investigating the burglary the police lifted several latent prints of the defendant from the window sill. A number of the stolen items were subsequently recovered from premises used by defendant.

At the trial the defendant’s sole contention was that he was so drunk on the evening of the burglary that he had no recollection of his activities. He stated that when he awakened…