How has the court determined the front yard of a private residence is not a "public place" within the meaning of section 647 of the Penal Code?

California, United States of America


The following excerpt is from In re Corpus, D069374 (Cal. App. 2016):

area of the defendant's home to the front door without challenge and that area was open to common or general use. (Id. at p. 598.) In contrast, in People v. White (1991) 227 Cal.App.3d 886, the court concluded the front yard of a private residence in that case was not a "public place" within the meaning of Penal Code section 647 because it was surrounded by a three-and-a-half-foot high fence with a closed, but unlocked, gate and contained three dogs released by the defendant, all of which circumstances provided challenge to public access. (White, at p. 892.)

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