People v. Jones

JEFFERSON, J.

In an information filed by the District Attorney of Los Angeles County, defendant was charged with a violation of Penal Code section 459, burglary. Defendant pleaded not guilty. After a jury trial he was found guilty as charged. The degree of the crime was fixed as first degree. His motions for a new trial and to reduce the degree of the crime were denied, and he was sentenced to imprisonment in the state prison for the term prescribed by law.

Defendant originally appealed from the judgment in propria persona, this court having denied his request for appointment of counsel to assist him on appeal. The judgment of conviction was thereafter affirmed and defendant’s petition for a hearing in the Supreme Court of California was denied.

(People

v. Jones, 204 Cal.App.2d 722 [22 Cal.Rptr. 499].) Subsequently, the United States Supreme Court ruled that defendant was entitled to counsel at the appellate level and remanded the case for further proceedings.

(Jones

v.

California,

374 U.S. 501 [83 S.Ct. 1878, 10 L.Ed.2d 1045].) Pursuant to this mandate we vacated our original judgment and appointed counsel to represent defendant on this appeal.

The facts of the instant ease, viewed favorably to the People, are as follows: On April 2, 1961, Mr. Kenneth D. Williams was staying in a single-family residence located at 1128 East 127th Street in the City of Los Angeles which was rented by Mr. Williams’ uncle, one Merrit J. Vincent and referred to herein as the Vincent residence. When Williams left the house at approximately 4:30 in the afternoon on that date, all of the doors and windows leading to the outside were locked and in good order.

Willie R. Cochran, another uncle of Williams, lived in a house which is one block north of the Vincent residence. At approximately 7:30 p.m. on April 2,1961, Mr. Cochran, from his porch, observed defendant crossing Central Avenue at

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126th Street. His attention was drawn to defendant because the latter was shabbily dressed. Ten minutes later Mr. Cochran walked over to the vicinity of the Vincent residence and saw defendant looking into a vacant house which was next door. Defendant walked across the driveway of the vacant house to the back of the driveway of the Vincent residence and then to the front door of that house. He opened the door and’ went in.