Does Opening a Garage Door with a Remote Control With the Intent to Commit Burglary Constitute a Burglary Under California Penal Code Section 459?
Does Opening a Garage Door with a Remote Control With the Intent to Commit Burglary Constitute a Burglary Under California Penal Code Section 459? No! In the recent case of People v. Magness, the California Court of Appeal for the Third Appellate District overruled the trial court’s determination that the defendant’s use of a remote control device to open the victim’s garage door with the intent to commit a burglary…
Read MoreWhat Do I Do If I’m Accused of Burglary? – PC 459
What Do I Do If I’m Accused of Burglary? – PC 459 Burglary is a serious crime, and you face up to six years in prison if convicted. If the prosecutor claims you used a firearm or caused injury during the burglary, you face much longer time. That’s why if you’re accused of burglary, you’ll need to keep a few things in mind. What to Keep in Mind if You…
Read MoreI’m Charged with Burglary in San Diego – What Should I Do Next?
I’m Charged with Burglary in San Diego – What Should I Do Next? Under California Penal Code section 459, burglary is committed when an individual enters a building, vehicle, vessel, cargo, or other premises specified in the statute with the specific intent to steal something or commit any felony. The crime of burglary can be committed without actual taking property of another person, as opposed to the crimes of theft,…
Read MoreBurglary Conviction Dismissed Due To Speedy Trial Violation (PC 1382)
Burglary Conviction Dismissed Due To Speedy Trial Violation (PC 1382) On October 28, 2010, the First Appellate District of the California Court of Appeal granted a writ dismissing petitioner's case because he was brought to trial more than 60 days after his felony arraignment in violation of his statutory right to a speedy trial. On February 11, 2009, Donald Smith was arraigned on a felony count of first degree residential…
Read MoreBurglary and Assault with a Deadly Weapon – California Penal Code Section 459 & 245(a)(1)
Burglary and Assault with a Deadly Weapon - California Penal Code Section 459 & 245(a)(1) Carey Lynn Barton from Escondido, California was recently arrested as reported by San Diego 10 News. 47-year-old Barton was charged with “suspicion of residential burglary, assault with a deadly weapon, battery and dissuading a witness.” Police believe Barton broke into the home of an elderly woman on East Vista Way. The elderly woman told police…
Read MoreDefendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary
Defendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary The California Court of Appeals recently ruled in People v. Williams that a defendant charged with burglary on an aiding and abetting theory is entitled to a “claim-of-right” jury instruction. A claim-of-right jury instruction is used when someone “takes back” property or an item he or she believed to be his…
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