People v. Zismer

By information defendant was charged with burglary (Pen. Code, § 459) and a prior felony conviction. Defendant admitted the prior and, following a jury trial, was *662found guilty of first degree burglary. His motion for a new trial and application for probation were denied and he was sentenced to state prison, sentence to run concurrently with any other sentence he may be obligated to serve. He appeals from the judgment of conviction.

Defendant was charged with having burglarized the residence of Mr. and Mrs. Holmes while they were away for the weekend. The Holmes left their house on Thursday.…