California Court of Appeal

A resident's presence in the hallway outside of an apartment unit during a burglary is not sufficient to satisfy the requirement of Penal Code section 667.5(c)(21) that a person other than the defendant or an accomplice was present in the residence during the commission of the burglary.

Appellate Information

• Decided 10/04/2007
• Published 10/04/2007

Judges

• KRIEGLER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Robert H. Pourvali, under appointment by the Court of Appeal, Calabasas, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjon and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.