Church

Grant Donald Church was convicted by jury of four counts of burglary (Pen. Code, § 459), one count of grand theft (§ 487, subd. 1) and three counts of petty theft (§ 484). As to each count of petty theft, the jury found true allegations that Church had been previously convicted of and imprisoned for burglary (§ 666).

Church was sentenced to a total term of three years in prison, with a restitution fine of $500 imposed but stayed by the court. He timely appealed.

Factual Background

As of June 19, 1987, Church had been visiting Traci Savage (Traci) for several days at her parents’ home in Fallbrook. Church had visited the Savage home periodically since Traci had given birth to their child. Traci went to sleep on the evening of the 19th and woke up about 1 a.m. the next morning and discovered Church was missing from the house. She also discovered her father’s car was no longer in the driveway where it had been parked earlier in the evening.

Traci set out to look for Church and made a phone call to seek help from a neighbor and friend of her sister’s, Mike Mosely. Mosely refused to help.

Traci awakened her father, Tracy Savage (Savage), and told him Church and Savage’s…