People v. Sousa

FILES, P. J.

Defendant was charged with burglary (Pen. Code, § 459). He waived a jury trial and agreed to submit the case upon the transcript of the preliminary examination. No evidence was offered by defendant. He was found guilty and is appealing from the judgment.

The evidence shows the following: On November 25, 1965 (Thanksgiving Day), someone broke a window and entered the business premises of Aamicorp Sales Company, 9811 Owensmouth Avenue, Chatsworth. The items taken included blank checks, clothing, an acetylene torch and cases of an unusual kind of motor oil known as “Rotella.” Mr. Henss, yard foreman for Aamicorp, approached the premises at 4:45 p.m. that day. He saw a blue Plymouth automobile, license JLW 577, parked about 10 yards from the office door. Two cases of Rotella oil were in the driveway and two more cases were by the office door. The trunk of the Plymouth was open, and one case was seen in the trunk. Defendant was seated in the Plymouth. As Henss drove up, a man ran out of the front door of the building and proceeded north. The defendant drove away in the Plymouth. Henss recorded the license number and called the police.

Defendant was arrested on November 27. On November 29 he had a conversation with a police officer, who first advised him, he had a right to an attorney and a right to remain silent and that anything he said or did would be used against him in subsequent criminal proceedings.

[434]

The officer then asked defendant if he owned the Plymouth referred to in the arrest report (the officer did not recall the license number) and defendant stated he did own it. The officer asked if he had loaned it to someone and he said he had not. He denied he had committed the burglary at Aamicorp.

The evidence is legally sufficient to support the judgment

(People

v.

Hills,

30 Cal.2d 694, 700 [185 P.2d 11]) and defendant makes no contention to the contrary. The only possible defense on the record was to argue a reasonable doubt as to the accuracy of Henss ’ identification of the burglar. But Henss ’ testimony was uncontradicted, so a finding of guilty at the trial was a foregone conclusion.