Gorley

Appellant Curley Don Gorley was convicted by a jury of residential burglary (Pen. Code, §§ 459/460). He was sentenced to prison for the lower term of two years, but sentence was suspended pending his successful completion of a commitment to the California Rehabilitation Center. He appeals, contending the matter should be remanded for resentencing because the trial court did not properly consider his application for probation. We reject appellant’s contentions and affirm the judgment.

Factual and Procedural Background

As appellant has raised no claim of error concerning the trial, the evidence may be summarized briefly.

On the morning of October 4, 1985, appellant burglarized the residence of Margo Wilson in Terra Bella, climbing through a window and taking $335 to $400 cash from a desk and a kitchen drawer. Appellant’s girlfriend regularly cleaned house for the victim, and appellant had assisted her on several occasions. Investigating officers lifted from the window latent fingerprints that ultimately led them to appellant.

On February 13, 1986, appellant agreed to accompany Detective Kirk Swartzlander to the Porterville sheriff’s substation for the purpose of…