People v. Moody

Opinion

ROTH, P. J.

Appellant, Richard Michael Moody, appeals from the judgment entered on a jury verdict finding him guilty of burglary in the first degree. (Pen. Code, § 460.)

On May 30, 1975, 15-year-old Colleen G. was employed as a babysitter at a home in Arcadia, California. At about 11 p.m., Colleen and the four children she was babysitting fell asleep in the front room while watching television. Shortly before 3 a.m. Colleen awakened and sent the children upstairs to their bedrooms. After the children had gone to their bedrooms, Colleen heard a sound, turned and saw appellant standing in…