People v. Jochen

Opinion

KINGSLEY, J.

Defendant was charged: (count I) with burglary, in violation of section 459 of the Penal Code; and (count II) with possession of a firearm, being previously convicted of a felony, in violation of section 12021 of the Penal Code. After a trial by jury, he was found guilty on both counts and was sentenced to state prison, the sentences to run concurrently. He has appealed; 1 we affirm as to count II and reverse as to count I.

The police received a “tip” that defendant had committed, or was involved in the commission of, a burglary. The officer assigned to investigate that tip…