Henry

People v. Henry

Good Law
172 Cal. App. 4th 530·2009 Cal. App. LEXIS 416·90 Cal. Rptr. 3d 915
Court of Appeal of CaliforniaMarch 23, 2009B206420California1,997 words

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 In the unpublished portion of the opinion, we find that the trial court properly excluded defendant from the trial.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…

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