Jones

*400 Opinion

—Gregory Leon Jones appeals from a judgment entered on a jury verdict finding him guilty of burglary (Pen. Code, § 459) and use of heroin (Health & Saf. Code, § 11550, subd. (a)). Appellant raises three points: (1) error in denying his pretrial Penal Code section 1538.5 motion; (2) ineffective assistance of trial counsel; and (3) insufficiency of the evidence to support his conviction of use of heroin.

In conjunction with his claim of ineffective assistance of counsel, appellant has filed a separate habeas corpus proceeding which has been consolidated with the appeal for disposition.

Facts

At approximately 6:30 a.m. Keith Babich left his home at 748 South Spruce Street in Tulare. Later that day, Mr. Babich returned home to find that a bedroom window had been broken and that his belongings were in disarray. Among the items missing from the residence were a Concept brand stereo, two speakers, a turntable, an antique clock, a pocket watch and a tie clasp.

At approximately 9:30 a.m. that day Ms. Latricia Bridges, a neighbor, was backing her car out of her driveway at 753 Spruce Street when she saw a red Chevrolet pull up and stop about two houses away at 748 Spruce,…