Does a finding that a house was inhabited at the time of the burglary incorporate into the finding that another person was present?

California, United States of America


The following excerpt is from People v. Alanis, F073534 (Cal. App. 2018):

3. A finding a house was inhabited at the time of a burglary does not automatically incorporate a finding another person was present. For purposes of California's burglary statutes, " 'inhabited' means currently being used for dwelling purposes, whether occupied or not." ( 459; see, e.g., People v. Denard (2015) 242 Cal.App.4th 1012, 1025.)

4. The facts are derived from this court's opinion in People v. Alanis (Mar. 25, 2014, F064925 [nonpub. opn.]), which is contained in the record on appeal.

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