What constitutes a crime of burglary?

California, United States of America


The following excerpt is from People v. Petitt, G053357 (Cal. App. 2017):

"The crime of burglary consists of an actunlawful entryaccompanied by the 'intent to commit grand or petit larceny or any felony.' ( 459.) One may be liable for burglary upon entry with the requisite intent to commit a felony or a theft (whether felony or misdemeanor), regardless of whether the felony or theft committed is different from that contemplated at the time of entry, or whether any felony or theft actually is committed. [Citations.]" (People v. Montoya (1994) 7 Cal.4th 1027, 1041-1042, fn. omitted.)

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