People v. Kyllingstad

Opinion

KAUS, P. J.

Defendant was convicted of second degree burglaiy (Pen. Code, § 459) and was sentenced to state prison. On appeal he raises issues concerning the voluntariness of his confession, the trial court’s ruling that he could be impeached with prior convictions for burglary and attempted burglary, inadequate assistance of counsel, and instructional error.

Facts

Since the sufficiency of the evidence is conceded, the facts may be briefly stated.

Some time between 9 a.m. and noon on September 14, 1976, the home of Valerie and John Werlich was burglarized. Entry had apparently been made…