Hernandez

Defendant, Michael C. Hernandez, was convicted of four counts of second degree burglary, four counts of receiving stolen property, and one count of first degree burglary. Defendant challenges only the first degree burglary (count ll) and two of the second degree burglaries (counts 5 and 8). Relying on our opinion in People v. Melendez (1990) 224 Cal.App.3d 1420 [ 274 Cal.Rptr. 599 ], defendant asserts the trial court prejudicially erred in failing to give a unanimity instruction for the first degree burglary. In addition, defendant contends the trial court erred in giving CALJIC No. 2.15, possession of recently stolen property. We affirm.

Facts

On November 17, 1993, John King locked his house and went to work. King’s neighbor, Mr. Glover, saw an unfamiliar car in the alley. He went inside and told his wife. Mrs. Glover saw a car with the trunk open. The car, which contained two men, left and then returned, parking behind King’s house. One of the men in the car, whom Mrs. Glover identified as defendant, carried a large case out of the backyard area of King’s house and put it inside the car. The two drove off in the car. Mr. Glover also saw the two men carry out a case…