People v. Black

FOURT, J.

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

■ In an information filed in Los Angeles on August 4, 1966, defendant was charged with a eodefendant with burglarizing a building on July 13, 1966. It was further charged that at the time of the commission of the offense, the defendants were armed with a deadly weapon, namely á .38 caliber revolver. By stipulation the cause was submitted upon the testimony contained in the transcript of the preliminary hearing together with certain exhibits. Each of the defendants was

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found guilty as charged and the degree was- fixed as second degree. The defendants were found to be unarmed. Black was sentenced to the state prison. A timely notice of appeal w'as filed.

A résumé of some of the facts is as follows: Officers- Mills and Boost were on patrol duty at about 11:05 p.m. July 13, 1966, when they had occasion to go to an address on Lanker-shim Boulevard in North Hollywood. When they arrived' at the front of the store they saw that the plate glass window to the left of the front door was shattered and that a piece of lumber about 2"x4"x3 feet in length was lying among the broken glass.

Mills made his way through certain displayed revolver holsters and belts in the store window, entered the main part of the store and walked to a gun showcase where- he noticed that the glass had been broken and several guns had been taken. Upon retracing his steps, Mills noticed a box containing several guns on a display stand. Mills exited from the building through the broken window, called to Roost to bring a shotgun and come with him to join in a search of the building. As the officers stepped into an aisleway between the display racks in the store they came upon Black standing with his hands' in the air. Black was then handcuffed, and taken to the police car where a search revealed two boxes of ammunition in his pants pockets. Mills told Black of his constitutional rights as of that date and Black replied, ‘11 know, I know. ’ ’

Black related that he had a “beef” with a man in a bar and that he was getting an “equalizer”; that he had walked to the store and had broken out the window.

Other officers were called to assist and the codefendant Ortega was found in the store squatting under some raingear. Two guns were removed from the waistband of his trousers. Mills found the gun used by Black, which was one of the guns missing from the case, cocked and loaded with ammunition, about 2 feet away from where Black was first observed.