Mask

People v. Mask

Caution
188 Cal. App. 3d 450·1986 Cal. App. LEXIS 2394·233 Cal. Rptr. 181
Court of Appeal of CaliforniaDecember 29, 1986Crim. 14657California2,468 words

Opinion

Opinion

Ackley, J.

Defendant Robert Mask was convicted of a single count of residential burglary. (Pen. Code, § 459.) He was given a suspended sentence and placed on five years probation. In this appeal, defendant contends the judgment should be reversed because the trial court erred when it instructed the jury they could draw adverse inferences from his failure to explain or deny prosecution evidence (CALJIC No. 2.62), when it gave an instruction that evidence of defendant’s flight could be used to show his guilt (CALJIC No. 2.52) and when it failed to instruct the jury they must decide the guilt of defendant and his codefendant separately. (CALJIC No. 17.00.) We find no reversible error in defendant’s contentions and affirm the judgment.

Facts

Around midnight on November 28, 1984, Officer Gary Shelley of the Sacramento Police Department answered a call alerting him to a possible residential burglary in progress on Manorside Drive in Sacramento. Shelley went around the side of the house to watch the rear portion of the building and the backyard. The backyard was well lighted. While he stood there he saw two Black men leave the rear of the house. They appeared to be crouching furtively to…

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