Does Section 459 of the California Code of Criminal Procedure apply to burglary of the inhabited portion of an apartment block?

California, United States of America


The following excerpt is from People v. Diaz, G052331 (Cal. App. 2017):

Section 459 provides in relevant part: "Every person who enters any . . . apartment . . . with intent to commit grand or petit larceny or any felony is guilty of burglary." (See 460 [burglary of inhabited portion of any building is burglary of the first degree], 459 ["'inhabited'" means currently being used for dwelling purposes, whether or not occupied]; see People v. Thorn (2009) 176 Cal.App.4th 255, 261 [prosecution must prove the defendant entered a building intending to commit theft or a felony, and the building was inhabited].)

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