People v. Rivera

Opinion

KAUS, J.*

Defendant David Rivera appeals after a jury convicted him of murder (Pen. Code, § 187) and burglary (Pen. Code, § 459). We reverse for error in the admission of evidence of a prior charged robbery. (People v. Thompson (1980) 27 Cal.3d 303, 314 [165 Cal.Rptr. 289, 611 P.2d 883]; People v. Haston (1968) 69 Cal.2d 233, 246 [70 Cal.Rptr. 419, 444 P.2d 91].)

*391On the night of June 12, 1981, four youths burglarized the Stop-N-Go Market in Rialto; San Bernardino County. Four 6-packs of beer were taken from the all-night convenience store. In the course of the getaway, one of the youths,…