People v. Bryant

FOURT, J.

This is an appeal from a judgment of conviction of burglary.

In an information filed in Los Angeles on June 8, 1967, defendant with Glee Morris was charged with burglarizing a building occupied by California Suede Company on April 29, 1967. It was further charged that Bryant previously, on June 4, 1962, had been convicted of a felony, namely a violation of section 496 of the Penal Code. Private counsel was appointed to represent Bryant. Bryant pleaded not guilty and denied the charged prior conviction. By stipulation the cause was submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing and each side reserved the right to present additional evidence. Other evidence was introduced at the trial. Bryant was found guilty of burglary in the second degree. The court for some reason not apparent from the record made no finding with reference to the charged prior conviction in spite of the fact that the record of the conviction was introduced into evidence by the prosecution. Further Bryant’s counsel at the time of sentencing announced, “Mr. Bryant does have a record, and I have looked at his record. . . . The last conviction was January 17, 1964 ... he was on probation for receiving stolen property." The court said, “This defendant, however, does have a, as you mentioned, somewhat of a record.” At the time of sentence on October 5, 1967, proceedings were suspended, summary probation was granted for three years, Bryant to spend the first 90 days in jail and to obey all laws and orders of the probation department and of the court “without duty to report and without supervision." Bryant filed a notice of appeal (dated September 21,1967) on October 5,1967.

A résumé of some of the facts is as follows: at about 1:15 a.m. April 29, 1967, the silent burglar alarm system of the California Suede Leather Company at 2135 West Jefferson Street in Los Angeles was actuated. Steve Bodnar, a foreman of the company, was called by the alarm and he met Officers Nardone and Purington at the front door of the company establishment and entered the building with the officers. The air vent cover on the roof of the building had been moved. Officer Purington saw defendant Morris lying on top of a storeroom type of structure within the building and further saw a fire or garden hose extended from the vent in the roof

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