Figueroa

People v. Figueroa

Good Law
1992 Cal. App. LEXIS 91·2 Cal. App. 4th 1584·4 Cal. Rptr. 2d 40·92 Daily Journal DAR 1392·92 Cal. Daily Op. Serv. 827
Court of Appeal of CaliforniaJanuary 28, 1992B055828California1,352 words

Opinion

Opinion

Turner, J.

Pedro Figueroa (defendant) appeals from the judgment entered following a jury trial in which he was convicted of first degree burglary (Pen. Code, § 459) and a court trial in which he was found to have suffered a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a) and to have served four prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). He contends: “There was insufficient evidence upon which to sustain appellant’s conviction.”

Viewed in accordance with the usual rules on appeal (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), the evidence established that at approximately 10:30 a.m., on March 21, 1990, Rosa Munoz returned to her apartment in Wilmington and noticed a portion of the sliding window in her kitchen had been broken and the glass removed. The front door to the apartment was ajar and she observed that some drawers had been opened and a videocassette recorder (VCR), camera, and some jewelry were missing. When Los Angeles Police Officer Raymond Peterson arrived at Ms. Munoz’s apartment, he found a piece of the missing glass pane in a dumpster at the rear…

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