People v. Gonzales

Defendant and two codefendants, Mayor and Linarez, were charged with burglary (§ 459, Pen. Code); defendant was charged with three prior felony convictions— grand theft (1959) and violation, section 10851, Vehicle Code (1961) and section 11500, Health and Safety Code (1961)—■ all of which he admitted. Called for trial, on motion of defendant and Mayor, the cause was severed; thereafter Linarez was tried separately for the same offense and convicted. The cause of defendant and Mayor was tried to a jury; both were convicted of second degree burglary. Defendant appeals from the judgment.

Around 11:25 a.m. on February 18, 1966, Officer Westray, on patrol in a police car, was directed to the residence of Mr. and Mrs. Parks; he observed from the outside through the dining room window that the rear door of the residence was open, returning to the police car he relayed his observation by radio to the station. As Officer Courtney turned into the alley at the rear of the residence he observed a car parked on the street with one door and the trunk open and Linarez standing near it; he recorded the license number. As the officer approached the rear of the house someone appeared in the…