People v. Burkett

Opinion

RAYE, P. J.

A jury convicted defendant Penny Lynn Burkett of first degree burglary (Pen. Code, § 459—count l)1 and vandalism (§ 594, subd. (b)(1)— count 2). Another count charging defendant with possession of burglary tools, a misdemeanor (§ 466—count 3), was dismissed prior to trial. The court imposed the midterm of four years for burglary, stayed sentence on a two-year midterm for vandalism, suspended execution of sentence, and granted probation.

Defendant appeals, contending the jury’s special finding that the burglarized dwelling was inhabited is not supported by sufficient evidence.…