SERIES 1700 BURGLARY AND RECEIVING STOLEN PROPERTY
F 1701 NOTES
TABLE OF CONTENTS
F 1701 Note 1 Burglary: Degrees (PC 459 & PC 460)—CALCRIM Cross-References And Research Notes
F 1701 Note 2 Burglary: Tent Is Inhabited Dwelling (PC 459 & PC 460)
F 1701 Note 3 First Degree Burglary: Victim Need Not Have Possessory Right To Occupy
F 1701 Note 4 Inhabited Dwelling Defined: Occupant Must Be Alive
F 1701 Note 5 Burglary: Common Area Laundry Room Of Apartment Complex Is Inhabited Dwelling
F 1701 Note 6 Burglary: Structure “Immediately Contiguous” As Inhabited Dwelling
Return to Series 1700 Table of Contents.
F 1701 Note 1 Burglary: Degrees (PC 459 & PC 460)—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1700 [Burglary]
CALCRIM 1702 [Burglary: Intent Of Aider And Abettor]
Research Notes:
See CLARAWEB Forum, Burglary And Receiving Stolen Property—Series 1700.
Annotation, What is “building” or “house” within burglary or breaking and entering statute, 68 ALR4th 425 and Later Case Service.
CALJIC NOTE: See FORECITE F 14.52 n1.
F 1701 Note 2 Burglary: Tent Is Inhabited Dwelling (PC 459 & PC 460)
In People v. Wilson (1992) 11 CA4th 1483, 1487-89, the court held that a tent, if it has four sides and a roof and is used for sleeping and storage of possessions, is a “dwelling house” for purposes of PC 460(a).
CALJIC NOTE: See FORECITE F 14.52 n2.
F 1701 Note 3 First Degree Burglary: Victim Need Not Have Possessory Right To Occupy
In People v. Rojas (1995) 31 CA4th 611, 615, the court held that the victim of a first degree burglary (PC 459 and PC 460) need not have a lawful possessory right to occupy the burglarized premises.
CALJIC NOTE: See FORECITE F 14.52 n3.
F 1701 Note 4 Inhabited Dwelling Defined: Occupant Must Be Alive
[See FORECITE F 9.03 n9.]
CALJIC NOTE: See FORECITE F 14.52 n4.
F 1701 Note 5 Burglary: Common Area Laundry Room Of Apartment Complex Is Inhabited Dwelling
(See People v. Woods (1998) 65 CA4th 345 [safety and privacy expectations surrounding an inhabited dwelling house are present in the common area laundry room].)
CALJIC NOTE: See FORECITE F 14.52 n5.
F 1701 Note 6 Burglary: Structure “Immediately Contiguous” As Inhabited Dwelling
A home office which shares a roof and common wall with a residence, even though no door links them, is an inhabited dwelling for the purposes of the first degree burglary statute. (People v. Rodriguez (2000) 77 CA4th 1101.) In Rodriguez, the court held that the essential inquiry was whether the structure was functionally interconnected with, and immediately contiguous to, other portions of the house. The former requirement was met in Rodriguez because both were maintained by the homeowner and freely traveled to and from. The latter requirement was met in that both shared a common roof and wall.
CALJIC NOTE: See FORECITE F 14.52 n6.
