Trimble

People v. Trimble

Good Law
16 Cal. App. 4th 1255·1993 Cal. App. LEXIS 673·20 Cal. Rptr. 2d 495·93 Daily Journal DAR 8125·93 Cal. Daily Op. Serv. 4881
Court of Appeal of CaliforniaJune 25, 1993A058390California1,623 words

Opinion

Opinion

Merrill, J.

Appellant Billy Trimble appeals from his conviction of one count of second degree burglary of a trailer coach. (Pen. Code, § 459.) He contends on appeal that the trial court was in error in failing to instruct the jury that for the appellant to be guilty of burglary the jurors must find that the trailer coach was locked. Additionally, he claims the trial court erred in not instructing the jury on the lesser offense of auto tampering. We affirm.

I.

Facts

We set forth the facts to the limited extent necessary to determine the issues on appeal.

Appellant was convicted of burglary of a trailer coach which was located at a construction site and was used as the contractor’s office. Appellant was a former employee of the contractor. The trailer coach had two entrances; one door secured by a dead bolt and double doors which could be unlocked from the outside with a key. The building project superintendent testified that on January 13, 1992, he made sure the trailer coach was “locked front and back” before he left work. When he returned the next morning, he discovered that two boxes of metal construction stakes, used to support forms when pouring concrete, were missing from…

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