People v. McCormack

Opinion

CARR, J.

A jury convicted defendant of one count of first degree burglary. (Pen. Code, § 459-) The court found true enhancing allegations defendant had suffered two prior serious felony convictions and that he had served three separate prior prison terms. (§§ 667, subd. (a), 667.5, subd. (b).) On appeal defendant asserts the trial court erred in instructing the jury it could convict defendant of burglary if it found he formed the intent to steal after he entered the relevant structure but before he entered the room within the structure from which items were taken. We find no error and…