Definition of Balcony
June 26th, 2015

 

People v. Yarborough (2012) 54 Cal. 4th 889, 894, expressly disapproved its dictum in People v. Valencia (2002) 28 Cal. 4th 1, 11, and held that “Whenever a private, residential apartment and its balcony are on the second or a higher floor of a building and the balcony is designed to be entered only from inside the apartment (thus extending the apartment’s living space), the balcony is part of the apartment. The railing of such a balcony marks the apartment’s “outer boundary”. . .any slight crossing of which is an entry for purposes of the burglary statute.” (Id. at 894.)

 

An attached balcony designed to be entered only from inside of a private, residential apartment on the second or higher floor of a building is inside a building’s outer boundary.


Tags: ,