Can a defendant be found guilty of burglary despite being on the lease for the house?

California, United States of America


The following excerpt is from People v. Rios, E050819 (Cal. App. 2012):

In sum, there is substantial evidence that (1) defendant was estranged from the victim, (2) there were prior threats to the victim's safety, (3) there was a prior incident of domestic violence, and (4) the victim feared for her safety. As a result, the exception to the general burglary rule is applicable in this casedefendant could be found guilty of burglary despite being on the lease for the house, because under these circumstances there is a danger that arose from defendant's mere entry into the house. (People v. Ulloa, supra, 180 Cal.App.4th at p. 610.)

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