Cook

People v. Cook

Good Law
135 Cal. App. 3d 785·185 Cal. Rptr. 576·1982 Cal. App. LEXIS 1955
Court of Appeal of CaliforniaSeptember 15, 1982Crim. 15000California3,347 words

Opinion

Opinion

Wiener, J.

Defendant Robert Gene Cook appeals after a jury convicted him of burglarizing an attached garage and enclosed patio at the residence of Michael Van Horn in Stanislaus County. We reject his several contentions and consequently affirm the judgment.

Factual and Procedural Background

Michael Van Horn was awakened in the early morning hours of August 6, 1980, by loud knocking on his back door. Without opening the door, Van Horn looked through the window and saw a man he later identified as George Billingham standing outside. Billingham explained in a loud voice that he was lost, and asked for directions to Oakdale. He then changed his mind and asked how to get to Woodward Reservoir. Van Horn provided the directions. During the conversation, Billingham turned his head periodically looking in the direction of Van Horn’s garage, which was connected to the house.

After Billingham left, Van Horn heard an engine start and, looking through the front window of his house, saw an older model half-ton van in poor condition drive out of his driveway and down the street. Apparently suspicious, Van Horn phoned the sheriffs department before he returned to bed.

On awakening the next…

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