California Court of Appeal

On appeal of a conviction of burglary by use of an acetylene torch to cut a hole in the exterior steel door of a Best Buy to gain entry into the store, grand theft, and attempting to deter an officer by threat or violence, the trial court's judgment is: 1) reversed as to the burglary conviction, where Penal Code section 464 unambiguously requires a defendant first be inside "any building" before using an acetylene torch to open or attempt to open a "vault, safe, or other secure place"; 2) remanded for resentencing, with instructions that if the defendant on remand is convicted for breaking into the Best Buy store, the trial court should determine which count, burglary or grand theft, provides the longest potential term of imprisonment and sentence the defendant accordingly, with six additional days of conduct credits; and 3) affirmed in all other respects.

Appellate Information

• Decided 02/22/2012
• Published 02/22/2012

Judges

• Benke

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Buckley & Buckley, Peter Quon, Jr.