Can a person enter a building with the requisite intent to commit a felony or a misdemeanor?

California, United States of America


The following excerpt is from People v. Bailey, A141231 (Cal. App. 2014):

with the requisite intent to commit a felony or a theft (whether felony or misdemeanor), regardless of whether the felony or theft committed is different from that contemplated at the time of entry, or whether any felony or theft actually is committed. [Citations.]" (People v. Montoya (1994) 7 Cal.4th 1027, 1041-1042, fn. omitted.)

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