Supreme Court of California

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People v. Yarbrough, S192751

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


  • Kennard


  • Supreme Court of California