What is the definition of first degree burglary under California Penal Code Sec.460(1)?

MultiRegion, United States of America

The following excerpt is from U.S. v. Solis-Estrada, 62 F.3d 1426 (9th Cir. 1995):

1 First degree burglary under California Penal Code Sec.460(1) is defined as burglary of an inhabited dwelling house, trailer coach, or inhabited portion of any building. The district court concluded that burglary of an inhabited dwelling carries with it the threatened use of force against both people and property. This classification of California first degree burglary is in accord with our prior cases. See, e.g. United States v. Becker, 919 F.2d 568 (9th Cir. 1990) (categorizing California first degree burglary as a "crime of violence" for purposes of the career offender provisions of the sentencing guidelines).

Other Questions


Can a defendant be charged with robbery and first-degree burglary under section 190.2(d) of the California Penal Code? (MultiRegion, United States of America)
Does a charge for abduction in the second degree of the New York State Penal Law have to be merged with the charge for kidnapping in the first degree? ("New York", United States of America)
What is the current state of the law on First Amendment protection under which the degree of scrutiny is determined by the degree to which the regulation touches on foreign affairs? (MultiRegion, United States of America)
What is the "control" test applied by the California Court of Appeal to determine whether the California Department of Justice has a role in determining whether or not the California Board of Representatives has any role in the decision? ("New York", United States of America)
What is the test for a "vague" definition of murder in the first degree? (MultiRegion, United States of America)
Does an intoxication instruction on murder second [84 N.Y.2d] degree compel a jury to find a defendant guilty of reckless manslaughter in the first degree? ("New York", United States of America)
Does a conviction under California Penal Code 273a(a) constitute a conviction for "a crime of child abuse, child neglect or child abandonment"? (MultiRegion, United States of America)
Can a jury overturn a conviction of first degree robbery? (MultiRegion, United States of America)
What constitutes felony murder in the first degree? (MultiRegion, United States of America)
Does the definition of a definition of an "unemployed" need to be delegationed to the Secretary of State for Employment and Learning? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.