People v. Bates

In a trial by the court, defendant was convicted of second degree burglary (Pen. Code, §§ 459, 460). An allegation that in the commission of that offense he “took funds and property of a value exceeding $100,000” (Pen. Code, § 12022.6) was found true. Defendant was sentenced to state prison for the middle term (two years) with a two-year consecutive enhancement based upon the Penal Code section 12022.6 finding. This appeal challenges the propriety of the enhancement under the particular facts of this case.

On November 1, 1979, in the early morning hours, Yreka City Police Officer Ronald Quigley responded to a silent alarm that had been triggered at the Siskiyou County courthouse. He heard the sound of pounding from within and spotted defendant inside the building at a display case which contained specimens of the county’s gold nugget collection. Quigley saw tools in defendant’s hands and observed him pull a sack from beneath his shirt. The pounding continued followed by the sound of breaking glass. Officers responding to Quigley’s call for assistance soon surrounded the courthouse. Defendant departed through the back door and was pursued by officers on foot. Following a…