In what circumstances will a defendant be found guilty of burglary in the second degree for breaking into an uninhabited portion of an inhabited building?

California, United States of America


The following excerpt is from State v. Rodriguez, 77 Cal.App.4th 1101, 92 Cal.Rptr.2d 236 (Cal. App. 2000):

However, defendant overlooks the paragraph immediately preceding the portion quoted above, in which we acknowledged the many cases that have held that structures attached to a residence that are an integral part of that residence qualify as "inhabited dwellings." (See People v. Grover, supra, 177 Cal.3d at p. 1187.) Thus, a more complete statement of our holding in Grover is that burglary of an uninhabited portion of an inhabited building is burglary in the second degree unless the uninhabited portion of the inhabited building is an integral part of that inhabited dwelling. (See ibid.)

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