Guerrero

Frank Ramirez Guerrero appeals from a judgment of conviction entered upon a jury verdict of second degree burglary (Pen. Code, §§ 459, 460). Guerrero admitted eight prior felony convictions.

On August 5, 1965, Mrs. Jessie Spencer Black discovered missing from her San Diego home her credit cards, driver’s license, and red coin purse. The next morning in a residential area of Monterey Park, Police Officer Freedland noticed an automobile being driven, with a bent left front bumper, crushed front fender grill and headlight, and dangling pieces of torn metal. Suspecting a recent accident with hit and run overtones, the officer followed the automobile. The driver, Guerrero, constantly looking out the left window at the residences, drove for several blocks at about five miles per hour, pulled into a market parking lot, parked in one stall, looked back at the officer following him, started to leave the lot, and, after the officer signalled, pulled into another parking space. The officer checked Guerrero’s driver’s license and while Guerrero was in the market, learned by radio of a traffic warrant, involving $83, for Guerrero’s arrest. On Guerrero’s return, the officer arrested…