Wilson
People v. Wilson
Opinion
Opinion
Silver, J.
Following a jury trial, defendant Douglas Eugene Wilson was convicted of first degree burglary (Pen. Code , §§ 459, 460, subd. (1)). In a bifurcated proceeding, the trial court found true allegations that defendant had previously been convicted of a serious felony (§§ 667, 1192.7) and had served a prior prison term (§ 667.5, subd. (b)). Defendant received a prison term of 10 years. On appeal, he asserts instructional and sentencing error. For reasons explained below, we affirm.
Background
On April 17, 1986, Jack Boren was renting a bedroom in a home on Galen Drive in San Jose. The house contained four bedrooms, each of which was equipped with a lock and key. Between 11 a.m. and noon, Boren left the house after locking his bedroom door. When he returned around 2 p.m., he discovered that nine weapons from his gun collection were missing. One of the missing guns was an Uzi semiautomatic carbine. Also missing were a camera, binoculars, some coins and jewelry. There were no signs of forced entry into the residence itself. However, police investigators found defendant’s fingerprint near pry marks on Boren’s bedroom door.