Jarrell

Defendant David Lee Jarrell (appellant) was found guilty by jury of first degree burglary (Pen. Code, §§ 459, 460, subd. 1). On appeal he argues (1) that the trial court erred in instructing the jury that if appellant was guilty of burglary, it was burglary in the first degree as a matter of law; (2) that the trial court should have suppressed appellant’s involuntary confession and the identification testimony of a key witness; (3) that he was denied effective assistance of counsel; and (4) that the trial court erred in advising the jury to first determine his guilt or innocence of burglary before deciding his culpability for receiving stolen property. We reject each of appellant’s contentions and affirm the judgment.

Facts

On October 28, 1985, Scott Sanders observed two persons, a male and a female, walk by his house in Antioch. The two persons, carrying a black flashlight and a clipboard, passed within about 10 feet of Scott.

Approximately one-half hour later Scott observed the same two persons in the backyard of his next-door neighbors, Mr. and Mrs. Hill. A third person had joined the original two and all three were loading items, such as a television set and…