People v. Bowman

Opinion

HOLLENHORST, J.

Defendant was tried and found guilty of eight counts of second degree burglary (Pen. Code, § 459) and two counts of grand theft auto (Pen. Code, § 487, subd. 3).

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Additionally, the jury specifically found true the allegation that defendant took property esceeding a value of d$25,000. (§ 12022.6.) The court also found true the allegation that defendant committed an offense while released on his own recognizance (§ 12022.1), defendant having waived his right to a jury trial on this issue.

On November 19, 1987, the court imposed an upper term of three years for count 1, plus an additional year for the enhancement pursuant to section 12022.6; eight-month consecutive terms for counts 2 through 7; and two-year sentences each on counts 8 through 10, which were stayed, and an additional two-year enhancement pursuant to section 12022.1, which was stayed pending conviction on other charges. Accordingly, defendant was ordered to serve a state prison sentence of 10 years, with 2 years being stayed pending conviction on other charges. Defendant filed a timely notice of appeal.

Statement of Facts

On March 29, 1987, it was discovered that Inland Empire Toyota, a car dealership, had been burglarized. The dealership consists of several buildings and service departments. In addition to the damage done to an office

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and several motorhomes, it was discovered that various items were missing from the office area, including a bicycle, a credit application copy machine, and three calculators. Additionally, stereo units, television sets and microwave units were removed from various motorhomes and vehicles. Two vehicles were missing as well. The value of all of the missing items was in excess of $25,000.

A wallet found at the dealership contained a driver’s license with defendant’s name. A latent fingerprint on a cassette player matched defendant’s. When police arrested defendant, various items, including stereo equipment, later identified as belonging to the dealership were found in the vehicle defendant was working on at the time of the arrest.