Is a defendant guilty of first degree burglary if he or she entered an inhabited dwelling with intent to commit grand or petit larceny or any felony?

California, United States of America


The following excerpt is from People v. Villegas, 2d Crim. No. B268559 (Cal. App. 2017):

A defendant is guilty of first degree burglary if he or she entered an inhabited dwelling "with intent to commit grand or petit larceny or any felony[.]" ( 459, 460.) The defendant need not intend to commit the target felony on the premises he or she entered, however, if the entry "facilitate[d] commission of" the target offense. (People v. Kwok(1998) 63 Cal.App.4th 1236, 1248 (Kwok).) "Facilitate" means "to make the commission of a crime easier." (Black's Law Dict. (9th ed. 2009) p. 668.)

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