People v. Holquin

SHINN, P. J. Holquin and Ramirez were jointly charged with burglary and receiving stolen property. In a jury trial, in which they were represented by the public defender, they were found guilty of burglary in the first degree and not guilty of receiving stolen property. Probation was denied Holquin and he was sentenced to state prison. Holquin appeals from the judgment and purports to appeal from all other orders and rulings made by the court.

[487]The home of Rogelio H. Delgado was burglarized shortly after he left the premises between 7:30 and 8 p. m. Forcible entry was made and there were taken by the burglars a console record player with four records and several articles of men’s clothing. At about 8 p. m. police officers found the defendants parked in a ear on the street about one and a half miles from the Delgado home. Noticing that the police ear was being watched apprehensively, the officers pulled up and questioned the defendants. Holquin stated that they had run out of gasoline and that Samuel Martinez, who had been riding with them, had left to get gasoline. The officers observed suits of clothes on hangers neatly piled on the back seat. Becoming suspicious, they requested permission to look in the trunk of the car; Holquin unlocked the trunk and the officers found therein the record player and the four records that had been stolen. Upon further questioning Holquin stated that the record player belonged to his mother, and when the officers said they would call his mother Holquin said: “Don’t do that. I’ll tell you the truth. I think maybe it’s hot stuff.” Holquin said they had met Samuel Martinez at a parking lot; he asked for a ride to San Fernando and offered to buy gasoline for their ear; he directed them to go to a dark spot on the parking lot, where he could pick up some articles and put them in the ear; they drove to the spot and Martinez put the record player in the trunk compartment and the clothing on the back seat. Soon after they left the parking lot they ran out of gasoline; Martinez went to find a filling station and they were waiting for him to return. The officers asked Ramirez the name of the man who put the clothing and the record player in the car and he replied that he was named Sammy Chavez. Neither defendant testified at the trial.

The grounds of appeal are that there was insufficient evidence to support the conviction of burglary. This contention is without substance.

While mere possession of stolen property is not sufficient to connect the possessor with the commission of a burglary it is a circumstance which requires a reasonable explanation of how possession was acquired and that it was honestly obtained. Unsatisfactory or false explanation may be sufficient corroborative evidence to connect the possessor with the theft. “Flight, false statements showing consciousness of guilt or as to how the property came into defendant’s possession, assuming a false name, inability to