Price
People v. Price
Opinion
Opinion
Wiener, J.
Defendant Michael Edward Price appeals from the judgment entered on the jury verdict convicting him of residential burglary (Pen. Code, §§ 459, 460) , his guilty plea to petit theft with a prior (§§ 484, 666) and the court’s determination he had previously been convicted of three serious felonies pursuant to section 667, subdivision (a). Price claims the court applied an incorrect standard in denying his motion for new trial and made sentencing errors. He therefore asks us to strike one five-year enhancement and remand for resentencing. We reject these contentions and affirm the judgment.
I
New Trial Motion
Price’s conviction of first degree burglary was based primarily on Edward Koperda’s testimony. Koperda testified he recognized Price leaving the apartment of Collette Pack carrying “a ghetto blaster.” The testimony of a single witness, here, Koperda’s, is sufficient to support Price’s burglary conviction. Nonetheless because of the alleged weakness in the prosecution’s case, Price challenges the court’s denial of his new trial motion directing us to the court’s statement made at the time of its ruling: