Wilson
People v. Wilson
Opinion
Opinion
Ashby, J.
By nonjury trial appellant Christopher Donald Wilson was found guilty of residential burglary. (Pen. Code, § 459.) The court also found true the allegation that appellant was previously convicted of a serious felony, residential burglary. (Pen. Code, § 667, subd. (a).) The court sentenced appellant to a term of seven years in state prison, consisting of a low term of two years for burglary plus five years pursuant to Penal Code section 667. Appellant was on probation for the prior burglary at the time he committed the new burglary. The court revoked appellant’s probation and sentenced appellant to a midterm of four years on the prior, to be served concurrently with appellant’s term for the new burglary. Appellant appeals from the judgments in both cases.
The present burglary occurred July 21, 1988. The victim, Paula Currey, left her home at 7 a.m.; when she returned at 3 p.m., the doors were open and police officers were present. Property was missing, including five pieces of gold jewelry, two videotapes and a video head cleaner. She did not give permission to appellant to enter her house or take this property.