Foreman

People v. Foreman

Good Law
174 Cal. App. 3d 175·1985 Cal. App. LEXIS 2810·219 Cal. Rptr. 759
Court of Appeal of CaliforniaNovember 7, 1985F003487California2,682 words

Opinion

Opinion

Brown, J.

The defendant appeals from a judgment on a jury verdict finding him guilty of burglary (Pen. Code, § 459). The principal issue is whether the trial court prejudicially erred in permitting defendant’s impeachment with a prior burglary, “sanitized” to “a felony involving theft.”

Facts

On September 5, 1983, at approximately 4:20 a.m., Fresno city police officers were dispatched to investigate the triggering of a silent alarm at a shop known as “A U-Neek Boo-Teek,” located at 4561 N. Blackstone, Fresno, California. Ultrasonic alarm sensors had been mounted in the ceiling inside the store and contacts placed on the door and windows.

Officers, including Officer Moster, arrived at the scene in two minutes. At that hour in the morning there was no foot traffic and only sparse automobile traffic. Moster investigated and found the doors and windows of the store secure. There was no one except a gas station attendant in the immediate vicinity. He positioned himself at the northeast corner of the building. Other officers were positioned in other locations around the building. Moster looked along the front of the building which faced Blackstone Avenue and saw no one. He then looked…

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