People v. Harmon

WOODS (Fred), J.

Convicted by a jury of burglary (Pen. Code, [1] 459) and grand theft (§ 487, subd. 1), appellant claims evidentiary and instructional errors, judicial and prosecutor misconduct, and ineffective assistance of counsel require reversal. We conclude these claims are without merit and affirm the judgment.

Appellant and Stacy Alan Daniels (Daniels) were jointly charged with burglary and grand theft. Five prior felony convictions (§ 667.5, subd. (b)) were alleged regarding appellant and one regarding Daniels. During jury selection Daniels pleaded guilty to burglary. A jury convicted appellant of burglary and grand theft. Appellant waived jury regarding the felony conviction allegations and the trial court found four true. Appellant was sentenced to a six-year state prison term.

There being no insufficiency of evidence claim, we synopsize the evidence and do so with a perspective favoring the judgment. ( People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal. Rptr. 228 , 721 P.2d 110 ].)

On June 29, 1990, Daniels entered a Burbank Footlocker store and after looking at expensive Nike jogging suits asked the clerk about certain athletic shoes. When the clerk…