P. v. McCain
A jury found defendant Scott Anthony McCain guilty of second degree commercial burglary (Pen. Code, 459; further undesignated section references are to the Penal Code), receiving stolen property ( 496), and possession of burglars tools, a misdemeanor ( 466). The trial court sentenced defendant to an aggregate term of 16 months in state prison, consisting of the low term of 16 months for burglary, and the low term of 16 months for receiving stolen property, stayed pursuant to section 654. The court imposed no time for the misdemeanor. Defendant appeals, contending (1) the trial court misstated the reasonable doubt standard by instructing the jury with CALCRIM No. 220, and (2) the prosecutor committed misconduct by arguing in such a manner as to lessen his burden of proof and to shift that burden to [defendant]. Court affirm the judgment.
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