Is there a difference between the crime described in section 459 of the Arizona Penal Code and the offence described in the same section?

California, United States of America


The following excerpt is from People v. Myers, 22 Cal.Rptr.2d 911, 5 Cal.4th 1193, 858 P.2d 301 (Cal. 1993):

5 Appellant also asserts that the Arizona definition of burglary differs from the offense described in section 459 because it includes alternative elements--either entering a dwelling house with felonious intent or "remaining" with such intent. That definition of burglary is found in Arizona Revised Statutes section 13-1507, however, not in former Arizona Revised Statutes section 13-302, under which appellant was convicted. The Arizona burglary statute was revised and renumbered as part of the revision of that state's Criminal Code in 1978. The "enter or remain" change was adopted at that time. (See State v. Altamirano (1990) 166 Ariz. 432, 803 P.2d 425, 427.) Appellant was convicted in 1975. "Remaining" was not an element of burglary in Arizona at that time.

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