People v. Zelaya

Opinion

ELKINGTON, Acting P. J.

Trial by jury having been waived by defendant James A. Zelaya (Zelaya), he was found guilty by the superior court of the crime of first degree burglary. He appeals from an order of probation conditional upon his service of one year in the county jail.

The sole contention of the appeal is stated as: “Trial court erred in finding the appellant guilty of first degree residential burglary.”

In his ensuing argument Zelaya admits that he had committed a burglary of the subject premises. The issue is narrowed to whether it was of the first degree or second degree. He…