California Court of Appeal

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People v. Garcia, D062659

Defendant's convictions and sentence for burglary, robbery, kidnapping with intent to commit rape, forcible rape, rape by a foreign object, unlawful taking or driving of a vehicle, and attempted robbery, are affirmed, where substantial evidence also supports defendant's second burglary conviction on count 4 because: 1) the bathroom defendant entered to sexually assault the victim constitutes a "room" for purposes of Penal Code section 459 based on the plain and ordinary meaning of the word; and 2) one of the main policies underlying the burglary statute, to prevent intrusion into an area in which the occupants "reasonably could expect significant additional privacy and security" supports the conclusion that defendant's entry with the requisite felonious intent into the bathroom in the back of the store constituted a separate burglary.

Appellate Information

  • Decided 03/24/2014
  • Published 03/24/2014

Judges

  • BENKE

Court

  • California Court of Appeal

Counsel