California Court of Appeal

In an application for a writ of prohibition barring further prosecution, writ is granted where the defendant, with the intent to commit larceny inside, uses a remote control to open a garage door to a home but flees before going inside, commits, under Penal Code section 459, only an attempted burglary and not first degree burglary.

Appellate Information

• Decided 06/10/2011
• Published 06/10/2011

Judges

• ROBIE

Court

• California Court of Appeal

Counsel