People v. Rivera

Opinion

STONE, P. J.

Jess Rivera, Jr., appeals his conviction of burglary (Pen. Code, § 4590 after jury trial and the seven-year prison term imposed therefor (two-year base term plus five years consecutive for an admitted prior conviction of assault with intent to commit rape (§ 667, subd. (a)). We affirm the judgment of conviction and the sentence.

At approximately 9:20 p.m. on December 26, 1982, one of the residents of an apartment complex in Port Hueneme heard a “commotion upstairs” and told John Martinez, a visitor of another resident, his cousin. Martinez went upstairs to investigate. On…