State v. Zaragoza

OPINION

JACOBSON, Presiding Judge.

This is an appeal by the defendant Ruben Zaragoza from the trial court’s order of *279November 21, 1974, finding him guilty of second degree burglary and sentencing him to 4 to 5 years imprisonment. The defendant was originally charged by Information with burglary, first degree, but was adjudged guilty of burglary second degree after a waiver of a jury trial and an agreement to submit the determination of guilt to the trial court on' the basis of the preliminary hearing transcript.

Two issues are raised on appeal. First, the defendant argues that the trial court’s…