People v. Dagnino

Opinion

ELKINGTON, J.

By a jury’s verdicts Joseph Dagnino, Jr., was convicted of first degree burglary (Pen. Code, § 459), and Debra Dagnino, his wife, of being an accessory (Pen. Code, § 32) to that burglary. He has appealed from a judgment, and she from an order granting probation, thereafter entered.

We have read the parties’ briefs and the trial record. Error is found which requires a reversal as to each defendant. We proceed to discuss that error.

*984Upon the jury’s announcement to the bailiff that they had reached their verdicts, counsel and the defendants had returned to the courtroom.…