People v. Atwood

Defendant Gary Edward Atwood was found guilty by a jury of burglary of the first degree. (Pen. Code, §§ 459, 460, subd. 1.) Upon defendant’s arraignment for judgment, the court on its own motion modified the verdict to a finding of guilty of burglary of the second degree (Pen. Code, § 460, subd. 2) and sentenced defendant to the state prison. Defendant appeals from the judgment.

On January 16, 1962, at about 11 p.m. Wilbur Fradenburg, one of the owners of the Park Auto Reconstruction Company, a garage located on Stanyan Street in San Francisco (hereafter for convenience referred to as the…