California, United States of America
The following excerpt is from People v. Debouver, 1 Cal.App.5th 972, 205 Cal.Rptr.3d 318 (Cal. App. 2016):
Appellant concedes the apartment manager was present when the vehicles were broken into but argues that an underground garage is not a residence within the meaning of section 667.5, subdivision (c)(21). Appellant's reliance on People v. Singleton (2007) 155 Cal.App.4th 1332, 66 Cal.Rptr.3d 738 is misplaced. There, the defendant burglarized an apartment while the victim was outside the apartment in an exterior common area. (Id. , at p. 1338, 66 Cal.Rptr.3d 738.) The court held that the evidence did not support the person-present finding. Section 667.5, subdivision (c)(21) is plain on its face, and it requires a person, other than an accomplice, be present in the residence during the commission of the burglary. (Italics added).... Certainly, it would not comport with the ordinary and plain usage to consider someone standing outside, around the corner, and down the hall from an apartment to be present in that apartment. (Id. , at pp. 13371338, 66 Cal.Rptr.3d 738.)
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