People v. Washington

This is an appeal from a judgment of conviction of burglary.

In an amended information filed in Los Angeles on March 29, 1967, defendant with Alvin Nairn, Ezel Wilson, Jr., and George Wilson were charged in count I with burglarizing the building occupied by National Outfitting Company and Leo Birnstein on April 13, 1966; in count II George Wilson was charged with receiving stolen property. It was further charged that defendant Washington previously had been convicted of forgery in Los Angeles County in March 1965. Washington pleaded not guilty and denied the charge of the prior conviction. A jury trial was waived as to the issue of the *815 charged prior conviction. In a jury trial on the merits Washington was found guilty as charged in the information. No finding was made as to the prior conviction. The burglary was found to be in the second degree. A motion for a new trial was denied as was probation. Washington was sentenced to the state prison. A timely notice of appeal from the judgment was filed.

A résumé of some of the facts is as follows: Paul Herne the owner and Leo Birnstein the manager of National Outfitting Company of 5225 South Broadway, Los Angeles, left the store…