People v. Yoder

Opinion

ALLPORT, J.

Following trial by jury Harvey Yoder was convicted of first degree burglary in violation of Penal Code section 459 and sentenced to state prison. He appeals from the judgment. 1

Facts

At approximately 8:30 p.m. on May 27, 1978, defendant was apprehended while admittedly burglarizing the residence of Paul de Fonville in the Silver Lake area of the City of Los Angeles. The arresting officer testified defendant had a mild odor of alcohol on his person but exhibited no evidence of being under the influence of alcohol or drugs.

Defendant testified in his own defense to being under…