California Court of Appeal

Conviction and sentencing of defendants on an assortment of burglary-related charges is upheld in part, reversed in part, and upheld as modified because the trial court erred by instructing the jury, with respect to certain counts, that the defendant had the burden to prove a consent defense to burglary by a preponderance of the evidence, and where trial court failed to adjust co-defendant's presentence conduct credits under Penal Code section 4019 to reflect the retroactive application of an amendment to section 4019 that became effective after he was sentenced.

Appellate Information

• Decided 06/28/2011
• Published 06/28/2011

Judges

• IRION

Court

• California Court of Appeal

Counsel