People v. Garcia

Opinion

KAUS, P. J.

Defendant was charged by information with one count of burglary (Pen. Code, § 459), one count of receiving stolen property (Pen. Code, § 496), one count of mayhem (Pen. Code, § 203) and one count of assault with a deadly weapon (Pen. Code, § 245). A prior felony conviction was also charged.

Defendant pleaded not guilty and denied the prior conviction. A motion under section 1538.5 of the Penal Code was denied. Jury trial was waived. Defendant was found guilty of counts III (Pen. Code, § 203) and IV (Pen. Code, § 245) and not guilty of counts I (Pen. Code, § 459) and II (Pen.…