People v. Nunez

Opinion

JANES, J.

Defendant appeals from the judgment entered on a jury verdict finding him guilty of the first degree burglary of a telephone booth. The information originally charged defendant with an additional count of burglary of the telephone booth by use of explosives (Pen. Code, § 464). Before impanelment of a jury, the explosives count was dismissed on the motion of the People after the prosecutor told the court the evidence would show a burglary of a telephone booth by use of a hand gun.

The contentions raised on appeal are: (1) Under Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d…