People v. Boston

Defendant appeals from a judgment of conviction of second degree burglary following a trial before the court sitting without a jury. He contends that (1) the evidence is insufficient to support the judgment; (2) the trial court improperly admitted an out-of-court statement; (3) the information fails to state a public offense; and (4) the trial court had no jurisdiction to try the case.

The record shows that an employee of the Myshoppe in North Sacramento heard clothes hangers rattling in a stock *68 room in the hack of the store. She investigated and found a man, later identified as the defendant, with an armload of merchandise retreating through the hallway at the rear of the shop which led to the street. The witness followed the defendant, saw him throw the clothes into a waiting car and get into the driver’s seat. She called the store owner who ran to the car and recognized the clothes as merchandise from her store. The defendant, being unable to start the car, fled as the owner screamed for assistance. At that point another man got into the ear and also fled when he too was unable to start the motor. Both men were arrested within a matter of minutes approximately a block from…