Sisto
People v. Sisto
Opinion
Lead Opinion
Whelan, J.
Defendant, who was convicted in a nonjury trial of second degree burglary, appeals from a judgment committing him to California Youth Authority.
Shortly after 1 a.m. on March 23, 1967, the A to Z Dismantling Corporation building in San Diego was forcibly entered and some automobile parts kept therein were stolen. Some of the missing parts were sold to San Diego Metals and others to National City Scrap Disposal on March 23 by one Frank Knapp, who was driven to those places by defendant in defendant’s car; also in the car was one Andrews.
A description of the car and its license number had been furnished to the police by someone at one of the two places of business where the sales were made.
On March 24 at about 8:30 a.m., defendant, while driving the same ear, was stopped by police for a traffic violation; when asked for his identification, he presented a document carrying the name and address of a person of another name. With him were his wife, his two children, of whom the elder was four years old, and his wife’s brother (Rico), aged 16.
The police had the information that the driver of the car was connected with a person who had made a sale of property stolen in the…