Litteral

Defendant, James N. Litteral, appeals his conviction for second degree burglary.

San Rafael Police Officer Fahy, while on patrol, saw and recognized codefendant Hickey and Gordon West on Second Street in the late evening hours of January 25, 1976. Officer Fahy parked his patrol car near an open convenience store, anticipating the arrival of Hickey and West in that area. When they did not arrive, he returned to Second Street, stopped and talked to West. The officer’s attention was directed to a nearby auto painting shop, where he saw two persons inside. They stooped down and then started running. Officer Fahy radioed for assistance and with his partner, Officer Dougherty, went to the rear of the building. As Fahy was looking for the suspects, Officer Dougherty called his attention to a suspect coming out of a window. At trial, Dougherty described the individuar exiting the window as being 5 feet 8 inches to 6 feet tall, 150-160 pounds, wearing a three-quarter length dark green jacket, Levi-type pants and black shoes. The suspect also had collar length hair. A few minutes later, the defendant was arrested by a third officer when he was found crouched behind a nearby fence.…