What is the test for an instruction on defense of habitation?

victim within the residence; and finally, the residential occupant must have had knowledge of the unlawful and forcible entry." (People v. Brown (1992) 6 Cal.App.4th 1489, 1494-1495.) A defendant is not entitled to that presumption when there has been no actual entry into the residence. Thus, in People v. Brown, the court held that the victim's presence on the defendant's porch at the time of the shooting did not entitle the defendant to an instruction on defense of habitation. (Id. at p. 1495-1496.)