Darling

People v. Darling

Good Law
1989 Cal. App. LEXIS 508·210 Cal. App. 3d 910·258 Cal. Rptr. 588
Court of Appeal of CaliforniaMay 22, 1989No. A040817California1,365 words

Opinion

Lead Opinion

Holmdahl, J.

A jury found appellant Jerry Lee Darling guilty of burglary. (Pen. Code, § 459.) 1 On appeal he argues it was error to admit evidence he was carrying a screwdriver when apprehended. For the following reasons, we affirm.

Factual and Procedural Background

On August 21, 1987, at approximately 5:30 p.m., Roger Menefee arrived home, entered his house, and left the garage door open. At 7 p.m., *912 Menefee’s friend, Michael Doane, drove up and saw appellant stepping out of Menefee’s garage carrying a briefcase. Doane asked appellant what he was doing and appellant responded that he wasn’t stealing anything.

Menefee came out of the house and identified his briefcase, which he had left sitting on a desk in the garage. Appellant complied with a request to empty his pockets, and produced a calculator and adapter cord, taken from a drawer in Menefee’s desk. A screwdriver fell from appellant’s pocket.

Neither Doane nor Menefee noted a smell of alcohol on appellant’s breath, nor did they notice bloodshot eyes or difficulty walking or speaking. Officer Butler responded to Menefee’s call to the police. She noted that appellant appeared to be a street person, with a light odor of…

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