What is the test for a jury to determine whether a window screen provides some protection against unauthorized entry?
California, United States of America
The following excerpt is from People v. Valencia, 103 Cal.Rptr.2d 142 (Cal. App. 2001):
3. The trial court properly rejected defendant's instruction. The point at which an intrusion becomes an entry is a question of law; a jury should not be left to ponder in each case "whether a reasonable person would believe a window screen provides some protection against unauthorized intrusions." (See People v. Massie (1966) 241 Cal.App.2d 812, 818 ["The matter of construing . . . section [459] was a question of law for the court."].)
3. The trial court properly rejected defendant's instruction. The point at which an intrusion becomes an entry is a question of law; a jury should not be left to ponder in each case "whether a reasonable person would believe a window screen provides some protection against unauthorized intrusions." (See People v. Massie (1966) 241 Cal.App.2d 812, 818 ["The matter of construing . . . section [459] was a question of law for the court."].)
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