Supreme Court of California

The Court of Appeal's reversal of defendant's conviction for burglary, relying on a footnote in People v. Valencia, 28 Cal.4th 1, 12, which states that an "unenclosed balcony" is not within a dwelling's outer boundary, is reversed, as a second floor apartment's balcony is part of the apartment when the balcony is designed to be entered from and offers an extension of the apartment's living space.

Appellate Information

• Decided 07/19/2012
• Published 07/19/2012

Judges

• Kennard

Court

• Supreme Court of California

Counsel