People v. Lopez

Opinion

ELIA, J.

Following a jury trial, appellant Daniel Lopez was found guilty of one count of first degree burglary (Pen. Code, §§ 459, 460, subd. (a); count *702one), one count of second degree burglary (Pen. Code, §§ 459, 460, subd. (b); count four),1 one count of using an altered, stolen or counterfeit access card (§ 484g; count five) and one count of petty theft of personal property (§§ 484, 488; count six).2 As to count one, the jury found true the allegation that a person not an accomplice, namely Deborah Mendicino, was present in the residence during the commission of the offense charged.…