People v. Rascon

Defendant Robert Rascón was charged with the crime of burglary and with a prior felony conviction, which he admitted. He was tried before a jury and convicted of burglary in the first degree. He appeals from the judgment and from the order denying his motion for a new trial. (The notice of appeal states an appeal from the order denying his motion for a new trial, as well as from the judgment, but there is no record of any such motion made or denied, and appellant states in his opening brief that no motion was made for a new trial. Therefore this will be considered as an appeal from the…