People v. Osegueda

163 Cal.App.3d 25 (1984) 210 Cal. Rptr. 182 THE PEOPLE, Plaintiff and Respondent,

v.

ALONSO OSEGUEDA et al., Defendants and Appellants.

Docket No. 21216. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

November 19, 1984. [27] COUNSEL

Michael D. Fazio and Harlow J. Ellis for Defendants and Appellants.

Ira Reiner, City Attorney, Jack L. Brown and Greg Wolff, Deputy City Attorneys, for Plaintiff and Respondent.

OPINION

REESE, P.J. —

I. STATEMENT OF THE CASE

On June 1, 1983, a misdemeanor complaint was filed charging defendants Orpaza and Osegueda with two counts of burglary in violation of Penal Code section 459. Jury trial commenced on September 16, 1983, in Division 59 of the Municipal Court, Los Angeles Judicial District, the Honorable Rand Schrader, Judge presiding. On September 22, 1983, both defendants were acquitted of count I (burglary of the premises of Ping's Cafe) and convicted of count II (burglary of the premises of Rees Electronics). From this judgment of conviction, both defendants timely appeal.

[28] II. STATEMENT OF FACTS

The engrossed settled statement on appeal filed herein contains a detailed summarization of the testimony of the witnesses presented by all parties hereto at the trial. For our purposes, we incorporate the following summarized statement of facts, courtesy of the People:

"At about 2:30 a.m. on May 29, 1983, Los Angeles Police Officers Donald Williamson and Alan Danes received a radio call stating that an alarm had gone off at Rees Electronics at 852 South Figueroa.... When they arrived a short time later, the doors to Rees Electronics were closed and there were no pedestrians in the area.... Officer Danes went to the front of the store while Officer Williamson went to the back.... The back door to Ping's Cafe, which is immediately adjacent to Rees Electronics, then opened. Appellant Osegueda stepped out, looked directly at Officer Williamson for one or two seconds, and then ran back into Ping's Cafe. Officer Williamson yelled to his partner, "I have 459's." He could hear voices from within the cafe including someone yelling, "Police! Police! ..." Officer Danes then saw five men leave Ping's Cafe by the front door. He placed all five under arrest including appellants Osegueda and Orpaza....