SANGHERA

People v. SANGHERA

Bad Law
139 Cal. App. 4th 1567·2006 Cal. App. LEXIS 817·2006 Daily Journal DAR 6694·43 Cal. Rptr. 3d 741·2006 Cal. Daily Op. Serv. 4550
Court of Appeal of CaliforniaMay 31, 2006C051110California2,437 words

Opinion

Opinion

Robie, J.

Following a bench trial in case No. CRF05-0224, the court found defendant Balraj Singh Sanghera guilty of first degree burglary, petty theft, and possession of stolen property, all of which he committed while on probation in case No. CRF04-2136. The trial court sentenced defendant to an aggregate term of seven years in prison in case No. CRF05-0224, with a concurrent five-year term in case No. CRF04-2136.

On appeal, defendant contends the evidence was insufficient to support the burglary conviction because he did not have the intent required to commit that crime. He also contends the court erred when it declined to grant or reinstate probation. We conclude the evidence was sufficient, and the court did not err in denying probation. Accordingly, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2004, in case No. CRF04-2136, defendant pled guilty to one count of transporting cocaine in exchange for sentencing under Proposition 36. As a result, the court placed him on three years’ probation with various conditions.

While on probation, defendant was instructed to report to the probation department every Tuesday and Friday for chemical testing and to…

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