People v. Gonzales

Good Law
1995 Cal. App. LEXIS 62·31 Cal. App. 4th 1248·37 Cal. Rptr. 2d 537·95 Daily Journal DAR 1328·95 Cal. Daily Op. Serv. 758
Court of Appeal of CaliforniaJanuary 26, 1995H012071California2,944 words

Opinion

Opinion

Cottle, J.

I. Introduction

Defendant Robert Gonzales was charged by information with first degree burglary (Pen. Code, §§ 459, 460, subd. (a)). The information alleged three prior serious felony convictions (§ 667.5, subd. (a)) and four prior prison terms (§ 667.5, subd. (b)). A jury found defendant guilty of the substantive charge; in a separate proceeding, the trial court found all the enhancement prior allegations true. Defendant was sentenced to state prison for 22 years.

On appeal defendant contends reversal is required because the trial court had a sua sponte duty to give a unanimity instruction. In the unpublished portion of the opinion we address his claim that his trial counsel provided ineffective assistance by failing to object to certain evidence introduced to establish the residential nature of his prior burglary convictions.

II. Facts

At approximately 9 a.m. on December 9, 1992, Laura Graham left her home at 1077 Audubon Drive in San Jose to go shopping. No one was home when she left.

About 12:30 p.m., Graham’s next-door neighbor, Pedro Lafuente, looked out his living room window and saw two people enter Graham’s front yard as though they were going to the front…

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