People v. Cardwell

Opinion

BENKE, Acting P. J.

A jury convicted Gabriel Anthony Cardwell of burglary of a Best Buy store by use of an acetylene torch (Pen. Code,1 § 464; count 1), grand theft (§ 487, subd. (a); count 2) and attempting to deter an *879officer by threat or violence (§ 69; count 3). Cardwell subsequently admitted a strike prior (§ 667, subds. (c), (e)(1)) and a prison prior (§ 667.5, subd. (b)). The trial court sentenced Cardwell to state prison for 16 years four months.

On appeal, Cardwell claims (1) there was insufficient evidence to support his burglary conviction on count 1 because he did not open or…