California Court of Appeal

Conviction of defendant for first degree burglary is affirmed where: 1) the evidence reasonably supported the jury's finding that the apartment was "inhabited" within the meaning of Penal Code section 459 at the time of the burglary; and 2) the trial court did not abuse its discretion in excluding a building inspector's testimony.

Appellate Information

• Decided 02/03/2010
• Published 02/03/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Stephen M. Hinkle, 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, and Jeffrey J. Koch, Deputy Attorney General, for Plaintiff and Respondent.