People v. Morrison

Opinion

NEWSOM, J.

Appellant Clay E. Morrison, a minor 17 years of age, was tried as an adult and convicted after jury trial of the crimes of first degree murder, with a use enhancement, and second degree burglary, also with a use enhancement. He appeals from the judgment and sentence of life imprisonment.

The factual background may be summarized as follows.

Appellant concedes that, on July 29, 1978, he burglarized the residence of Jose Tulipano, a 68-year-old construction worker, after the latter left for work. After searching for 20 minutes, appellant sensed a presence in the house and hid in a…