People v. Darling

Opinion

HOLMDAHL, J.

A jury found appellant Jerry Lee Darling guilty of burglary. (Pen. Code, § 459.)1 On appeal he argues it was error to admit evidence he was carrying a screwdriver when apprehended. For the following reasons, we affirm.

Factual and Procedural Background

On August 21, 1987, at approximately 5:30 p.m., Roger Menefee arrived home, entered his house, and left the garage door open. At 7 p.m., *912Menefee’s friend, Michael Doane, drove up and saw appellant stepping out of Menefee’s garage carrying a briefcase. Doane asked appellant what he was doing and appellant responded that he…