California, United States of America
The following excerpt is from People v. Pulidio, A153886 (Cal. App. 2019):
there and touches the screen, the intent is done." As defendant asserts, "Attempted burglary requires two elements: (1) the specific intent to commit burglary and (2) a direct but ineffectual act toward its commission. [Citation.] Burglary ordinarily requires (1) unlawful entry into a building with (2) the intent to commit theft or any felony." (People v. Mejia (2012) 211 Cal.App.4th 586, 605.) We fail to see any misstatement of the law in the prosecutor's argument that certain facts (touching and cutting the screen) proved defendant committed an attempted burglary.
B. The prosecutor did not trivialize the burden of proof.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.