P. v. Walker
Defendant and appellant Joseph Walker was found guilty by jury of first degree burglary in violation of Penal Code section 459.[1] Defendant was sentenced to the low term of two years in state prison.
In his timely appeal from the judgment, defendant argues (1) the accuracy of an out-of-court identification of defendant was not sufficient to constitute substantial evidence after a witness failed to make an in-court identification, (2) the trial court abused its discretion by denying probation on the ground that defendant continued to assert his innocence after conviction, and (3) the $10 crime prevention fee imposed under section 1202.5 must be reversed because of an absence of evidence of an ability to pay. We affirm.
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