PEOPLE v. WISE

Docket No. A060423.

25 Cal.App.4th 339 (1994)

30 Cal. Rptr. 413

THE PEOPLE, Plaintiff and Respondent, v. MERRICK A. WISE, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

May 27, 1994.


Attorney(s) appearing for the Case

COUNSEL

Roger A. Stoll, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald S. Matthias and Martin S. Kaye, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

DOSSEE, J.

Defendant was convicted in a court trial of first degree burglary. He raises two issues on appeal: (1) whether the prosecution exercised due diligence to obtain the presence of its chief witness at trial; (2) whether defendant's entry through a locked gate onto an outdoor stairway constitutes burglary.

FACTS

The Offense

On September 8, 1992, between 2 a.m. and 3 a.m., Richard Leagan...

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