People v. Scofield

Opinion

STANIFORTH, J. Douglas Wayne Scofield was charged with three counts of burglary. (Pen. Code, § 459.) The first two counts involved a burglary of an inhabited building in the nighttime, the third count with an inhabited building. He was also charged with receiving stolen property. (Pen. Code, § 496, subd. 1.) He pleaded not guilty, his Penal Code section 1538.5 motion was denied and he waived a jury. The court found Scofield guilty of first degree burglary on the first two counts and not guilty on the third burglary count and the receiving stolen property count. Scofield received the midterm of four years concurrent sentences on each count. There are two issues on appeal; Must the People establish a nighttime entry as a necessary element of first degree burglary before it is proper to consider Scofield’s confession? Secondly, was the confession obtained as a result of illegal police conduct?

Facts

Most briefly, the facts supporting the guilty verdict are;

Betty Zimmer testified she and her husband were away from home between April 2 and April 16, 1982. Although they had locked up before they [370]left, when they returned they discovered a broken window and a broken lock. The house had been entered and “turned upside down.” The items stolen included commemorative coins, liquor, an ice chest, tools, and a tool box.

Milagros Lizardi testified she left her home on April 12, 1982, around 7:20 a.m. and returned around 8:30 p.m. The door between the garage and the kitchen and the back screendoor had been opened while she was gone. The items stolen from her house included a jewelry box, a pearl necklace, a gold ring with rubies, a purse with silver half dollars, a television remote control device and miscellaneous jewelry and household items.

Touardi Barman owned the North County Gold Exchange in Oceanside. A white male in his late 20’s identifying himself as Douglas Scofield sold him a pearl necklace, a gold ring with rubies, and 2 silver dollars on April 13, 1982.

Deputy Charles Wagner testified he investigated a burglary at the Zimmer house on April 15. He found a broken window with a trail, made up of various items of food and jewelry, leading away from it. The trail led to Scofield’s campsite. The deputy found two young women there and an ice chest containing liquor of the same label as that from the Zimmer house. Wagner asked the women for identification and asked them to stay at the campsite. He returned to the Zimmer house to get Detective Wittmer.