Sjosten
People v. Sjosten
Opinion
Opinion
Taylor, J.
Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of burglary (Pen. Code, §459). He contends that: his arrest was unlawful, certain evidence was improperly admitted, and he was not properly advised of his rights under the Fourth and Sixth Amendments of the Constitution of the United States. We have concluded that there is no merit in any of these contentions.
As no questions concerning the sufficiency of the evidence to sustain the conviction are raised, a brief review of the pertinent facts will suffice. On Tuesday, December 20, 1966, just before midnight, Miss Dolores Morales was returning to her home at 529 Diamond Street in South San Francisco.' She observed an unoccupied Buick parked on the street between her house and the house next door. The street was deserted. Shortly after she entered her house, she heard a car door slam. She looked out a front window and saw a man, subsequently identified as appellant, putting something into the Buick. She watched him as he moved about and around 12:30 a.m. alerted her mother, Mrs. Lola Belle Morales. The two women watched appellant from a front window for about half an hour.
- Mrs. Morales…