People v. Avila

Opinion

BUCKLEY, Acting P. J.

INTRODUCTION AND GENERAL FACTS

On four days in February of 2002, defendant visited Lampe Lumber and charged merchandise totaling approximately $1,200 to the account of G and G Construction, a company owned by defendant’s cousin, Fred Gonzales. Defendant was not authorized to charge merchandise on this account.

Defendant was convicted after jury trial of four counts of second degree commercial burglary; the court found tme one prior strike allegation and three prior prison term enhancement allegations. (Pen. Code, §§ 459, 1170.12, subd. (c)(1), 667.5, subd. (b).)…