California, United States of America
The following excerpt is from People v. Lee, E063165 (Cal. App. 2016):
A defendant's intent to commit a theft or felony may be inferred from evidence that, in committing the current theft or felony, he or she acted similarly in past burglaries. (See People v. Matson, supra, 13 Cal.3d at pp. 41-42 [defendant used same modus operandi 11 days earlier].) Intent can also be inferred by the "temporal or spatial proximity between the entry and the target or predicate crime . . . ." (People v. Kwok, supra, 63 Cal.App.4th at p. 1246.) The intent to commit a theft may also be inferred where the defendant enters and ransacks a victim's home. (People v. Wallace (2008) 44 Cal.4th 1032, 1078.) In Wallace, the defendant broke into the victim's home, beat the
Page 8
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.