Parrish

Introduction

Defendant, Mark Steven Parrish, was charged by information with one count of burglary and one count of receiving stolen property. It was further alleged that he suffered a prior conviction.

Defendant admitted his prior conviction before trial. During trial defense counsel sought to exclude defendant’s prior conviction for involuntary man slaughter. The motion was denied. The court included in its instructions CALJIC No. 2.52, flight as evidence of a consciousness of guilt.

Defendant was found guilty of burglary and sentenced to prison for the upper term of three years plus a one-year consecutive term for the enhancement.

Facts

David Moore was employed by the Kern County Parks and Recreation Department as a peace officer. On July 24, 1984, he was assigned to work at Hart Park. Moore was patrolling the park after closing hours and observed Johnny Ruffus and the defendant leaving a parked car at a fast pace. He observed a large object in the vehicle.

He stopped the two men to talk to them and called the sheriff’s department for a backup unit. He talked to the two for approximately five minutes under the street lamp. The defendant looked familiar to Moore.…