People v. Eaker

Opinion

SCOTT, J.

Appellants Carl Baker and Ronald Sagin were convicted after trial by jury of first degree murder (Pen. Code, § 187) and first degree burglary (Pen. Code, § 459). The jury found that appellant Sagin had used a firearm in the perpetration of the murder (Pen. Code, § 12022.5). Both appellants were sentenced to prison.

In the early morning hours of February 11, 1977, after each appellant had consumed a fifth of wine and injected a quarter spoon of heroin, they drove to an apartment building in Santa Clara, forced their way into an apartment, and proceeded to load their car with…