Tag Archives: CC 1700

The Defendant Has No Burden Of Proof Re: Consent
October 16th, 2015

The Related Issues to CC 1700 state that “consent by the owner or occupant of property may constitute a defense to burglary.” However, no instruction is provided for this purpose. The Court of Appeal in People v. Sherow (2011) 196 Cal. App. 4th 1296, disapproved a consent instruction put together by a trial judge because […]

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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 […]

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