People v. Jackson

Defendant was convicted of second degree burglary (Pen. Code, § 459) and sentenced to the upper term of three years. He filed a timely notice of appeal.

Statement of Facts

Habib Raiszadeh, Ph.D., operated a pathology laboratory in Oakdale. On Monday evening, August 8, 1983, Raiszadeh worked at the laboratory until about 10 p.m. He returned the next morning about 8:30 a.m. He found a window broken and the offices and laboratory ransacked. Blood was on the floor, walls and refrigerator. Needles, packages of syringes, reagents, bacteriological equipment, two ice chests, a calculator and a clock radio were missing. One ice chest, the radio and calculator were later recovered.

Richard Martin, an Oakdale policeman involved in the investigation of the lab break-in, found some of the stolen items in a dumpster located about 50 to 60 feet from the defendant’s residence and about 300 yards from the lab.

Blood found on the walls and floor of the lab was analyzed. The blood could not have been from samples in the lab as those were in the form of serum and plasma, which is either white or yellow in color. Analysis revealed the blood found on the floor of the lab was of a type…