Wright

Appellant was charged with one count of burglary in violation of Penal Code section 459 and one count of battery on a peace officer, in violation of Penal Code section 243, both felonies. In a jury trial, appellant was found guilty of trespass in violation of Penal Code section 602 (a misdemeanor), a lesser included offense of the crime of burglary. He also was found guilty of battery on a peace officer. He was sentenced to six months in the county jail for the trespass and to state prison for the term prescribed by law for the battery, the sentences to run concurrently. He appeals from the judgment and raises various points.

I. Was The Evidence Sufficient To Sustain The Two Convictions ?

It is well settled that, “The court on appeal 'will not attempt to determine the weight of the evidence, but will decide only whether upon the face of the evidence it can be held that sufficient facts could not have been found by the jury to warrant the inference of guilt. . . . and before the verdict of the jury . . . can be set aside on appeal upon the ground’ of insufficiency of the evidence, ‘it must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial…