P. v. Bautista CA2/6
A jury convicted Chrystian M. Bautista of two counts of first degree burglary (Pen. Code, §§ 459, 460, subd. (a)), one count of possession of methamphetamine (Health & Saf. Code, § 11377), and one count of possession of drug paraphernalia (Health & Saf. Code, § 11364). The trial court suspended execution of concurrent four-year sentences on the burglary convictions, and placed Bautista on five years of formal probation. Bautista contends: (1) the court should have granted his motion for judgment of acquittal on the two burglary charges, (2) there was insufficient evidence that he neither owned nor lacked consent to take the property at issue, (3) the court should have granted his request to instruct the jury on a mistake-of-fact defense, (4) the court should have barred evidence of prior conduct as irrelevant to his intent to steal, and (5) the court erroneously reduced the prosecution’s burden of proof by labeling his prior conduct as an “alleged attempted burglary.” We
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