People v. Litteral

Opinion

TERRY, J. *

Defendant, James N. Litteral, appeals his conviction for second degree burglary.

San Rafael Police Officer Fahy, while on patrol, saw and recognized codefendant Hickey and Gordon West on Second Street in the late evening hours of January 25, 1976. Officer Fahy parked his patrol car near an open convenience store, anticipating the arrival of Hickey and West in that area. When they did not arrive, he returned to Second Street, stopped and talked to West. The officer’s attention was directed to a nearby auto painting shop, where he saw two persons inside. They stooped down and…