People v. Mujica

KERRIGAN, J. An information was filed in the Orange County Superior Court in July 1965 charging the defendant Delio Mendoza Mujica and a codefendant Abel Guitterez Mendoza with the crime of burglary (Pen. Code, § 459). The information also contained an allegation to the effect that the defendant Mujica had suffered a prior conviction of section 10851 of the Vehicle Code. The public defender was appointed to represent both defendants; each entered a plea of “not guilty ’ ’; and defendant Mujica denied the prior conviction. A jury trial ensued and defendant Mujica admitted the prior conviction outside the, presence of the jury. The jury found both the defendants guilty as charged and fixed the crime of burglary in the second degree. The defendant Mujica’s application for probation was denied, and he was sentenced to state prison. Both defendants filed notice of appeal from the judgment of conviction, but codefendant Mendoza’s appeal was heretofore dismissed by order of this reviewing court on April 7,1966.

The evidence discloses that under the cover of darkness in the early morning hours of June 29, 1965, the Flamingo Bar in the City of Stanton was burglarized. Forcible entry was gained by prying open the door of the bar. A Stanton police officer noticed the door was open at 4:30 a.m. and immediately called for a back-up unit. He was promptly reinforced by two other police officers. The officers entered the • premises and noted that the coin box of the “juke’’ machine had been [556]removed. They observed that a large quantity of beer had been spilled on the counter of the bar, and that the carpeting on the floor was saturated with beer. A discernible trail of beer led from inside the bar to the backyard of a residence nearby, where the codefendant Mendoza resided. After following the traceable pattern of beer to Mendoza’s residence, one of the officers observed Mendoza in the backyard. He noted a coffee pot filled with beer and a pry-bar resting on a bench located in Mendoza’s backyard. A chrome-plated coffee pot had been stolen from the bar.

The officer questioned Mendoza, and the latter claimed that he was the owner of the coffee pot and beer, as well as the crackers and cheese which were setting on the bench. The officer then arrested Mendoza and advised him of his constitutional rights. The officer inquired as to where Mendoza resided. Mendoza pointed to a shack on the back of the lot, and Mendoza gave the officer permission to enter the shack. Upon entering the shack, the officer discovered Mujica asleep on a bed. There were some 18 packages of breath chasers known as ‘ ‘ Cloréis ’ ’ either on his person or lying in disarray on the bed and floor around the defendant. A quantity of Clorets had been stolen from the bar. A book of matches was also found on the floor of the shack where defendant was sleeping, which were of the exact make or type as those utilized in the Flamingo Bar for the benefit of patrons. The officers awoke Mujica, placed him under arrest, and advised him of his constitutional rights.