People v. Renteria

SHINN, P. J.

In a court trial, Albert Gilbert Renteria was convicted of an offense of first degree burglary and was sentenced to state prison for the term prescribed by law. The

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evidence consisted of that received at the preliminary hearing and additional evidence introduced at the trial. Defendant appeals from the judgment.

Sometime between 7:30 and 10 p.m. on the night of November 10, 1957, the residence of Eva Solis was broken into by means of a living room window while Mrs. Solis and her' family were away from the premises. Various items were missing when they returned. These included 13 skirts and a pair of slacks belonging to Mrs. Solis’ daughter, Melinda; two women’s purses; a portable radio; two jewelry boxes containing costume jewelry; a lady’s white gold wrist watch and two rings. One of the purses belonged to Melinda Solis; it contained her wallet and personal papers.

At about 3:30 a.m. the following morning, Officer Beard of the Montebello Police Department was on duty in a patrol car at the intersection of Whittier Boulevard and Second Street in the City of Montebello. He observed a Chevrolet sedan traveling west on Whittier Boulevard enter the intersection at 50 to 60 miles per hour, skid through a stop light, turn south on Second Street and continue at a high rate of' speed. The officer pursued the car, using his red light and siren. The Chevrolet made a right turn on Los Angeles Street, then turned left on Third Street, which is a dead-end street. After it had traveled half a block on Third Street, the lights of the Chevrolet were turned off; the car proceeded a short distance and then stopped. Officer Beard testified that as he approached the ear defendant stepped out; there was a woman in the car. The officer made a search of defendant’s person and removed a ring from his pocket; the ring was subsequently identified as one that was missing from the Solis residence. Beard asked defendant who owned the ring and Renteria said that it was his property. Upon being asked where he obtained the ring defendant replied that he had bought it from a man in a bar the day before. The officer placed defendant under arrest for failing to yield to a red light and siren, evading arrest and reckless driving. He then made a search of the car. On the front seat he discovered the wallet and identification papers belonging to Melinda Solis and in the trunk of the car he found numerous articles that were proved to be missing from the Solis residence. When asked by the officer where he obtained the articles found in his ear, defendant said that they belonged to his sister, that he had moved the previous day and that he had not yet returned