People v. Randolph

Defendant Lawrence G. Randolph appeals from conviction of violation of Penal Code section 459. His sole contention is that the trial court erred in refusing to give CALJIC No. 4.02. We will affirm, finding insufficient evidence of “legal insanity” to warrant provision of that instruction.

Statement of Facts

On the evening of July 22, 1989, Terry Katzakian was awakened in his home by the sound of breaking glass. He observed someone walking from the front of his house to the front of the house next door, 1322 Princeton Avenue, Modesto, California. He later heard the sound of footsteps walking through broken glass. Katzakian telephoned the authorities to report his observations. In response, Officers Bashaw and Stockham were dispatched to the scene. They found a window next to the front door of the house had been “smashed out.” The officers stepped through the hole and began searching the residence. They found several drawers opened and belongings strewn about. In the front bedroom, they found a plastic sack containing, among other items, several coins, a telephone answering machine and a watch. They opened a closet door and found defendant sitting inside. He was breathing…