Romero

People v. Romero

Good Law

1966 Cal. App. LEXIS 1599·244 Cal. App. 2d 495·53 Cal. Rptr. 260

Court of Appeal of CaliforniaAugust 29, 1966Crim. 5260California4,553 words

Opinion

Sims, J.

Defendant has appealed from a judgment which sentenced him to imprisonment following his conviction by jury verdict of burglary in violation of section 459 of the Penal Code, which by stipulation, was fixed as of the second degree. He also was charged with an admitted four prior felony convictions.

On his appeal he asserts the following errors: (1) the receipt of evidence of “prior convictions’’ in the prosecution's case in chief; (2) the receipt of evidence of a blood test to prove that defendant was not intoxicated at the time of the alleged burglary; (3) comment by the prosecution on the defendant’s failure to testify; and (4) failure to properly arraign the defendant for judgment.

An examination of the record reflects that evidence of other offenses was properly received for the light it shed on defendant’s intent, method of operation, knowledge and plan; and that there was no prejudicial error in the other particulars advanced by defendant.

The facts are brief and not in dispute. On March 7, 1965, at 1 o’clock in the morning, officers of the San Jose Police Department apprehended the defendant in Clancy’s Restaurant and arrested him for the crime of burglary. The officers…

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Parties

The PEOPLE
Plaintiff
RAFAEL GARCIA ROMERO
Defendant

Judges

Sims

Cites (53)

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28 Cal. 2d 306
60 Cal. 2d 482
180 Cal. App. 2d 714
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237 Cal. App. 2d 712
378 U.S. 478
62 Cal. 2d 338
384 U.S. 436
86 S. Ct. 1826
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62 Cal. 2d 497
380 U.S. 609
85 S. Ct. 1229
308 U.S. 287
62 Cal. 2d 436
63 Cal. 2d 386
63 Cal. 2d 370
45 Cal. Rptr. 729
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241 Cal. App. 2d 752
Thomas, supra,
39 Cal. 2d 41
86 Cal. App. 2d 785
63 Cal. App. 2d 262
140 Cal. App. 7
38 Cal. App. 116
45 Cal. 2d 433
209 Cal. App. 2d 565