California Court of Appeal

Trial court's conviction of defendant for first-degree residential burglary and related crimes is affirmed as there was no prejudicial error or any constitutional due process violation, and even assuming that defendant had a possessory interest in the apartment under the lease at the time of the charged crimes, this was not a complete defense to the burglary charge because there was substantial evidence he had moved out of the apartment prior to the crimes and therefore no longer had an unconditional possessory interest in the apartment unit.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Helen S. Irza, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.