Henry
People v. Henry
Opinion
Opinion
Suzukawa, J.
Defendant Carl Henry appeals from the judgment entered following his conviction by jury of two counts of first degree burglary and one count of auto burglary. (Pen. Code, §§ 460, 459.) The jury also found that he had suffered a prior serious or violent felony conviction. (§§ 1170.12, subds. (a)-(d), 667, subds. (a)(1), (b)-(i).) He appeals, contending that the trial court violated his right to be present during the proceedings and there is insufficient evidence to sustain his conviction for auto burglary.
In the published portion of the opinion, we conclude that there is sufficient evidence to support defendant’s conviction for auto burglary. In the unpublished portion of the opinion, we find that the trial court properly excluded defendant from the trial. We affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
I. Defendant’s Removal From the Courtroom
II. The Evidence
On July 29, 2007, at approximately 11:45 p.m., Alexander Scott looked outside his window and saw defendant trying to open the hood of a car with a pair of pliers or a wrench. Scott called 911, remained on the line, and reported what he observed. Defendant eventually opened the hood and appeared to be…