What is the test for determining whether a defendant is guilty of first degree burglary?

California, United States of America


The following excerpt is from People v. Goodwin, 202 Cal.App.3d 940, 249 Cal.Rptr. 430 (Cal. App. 1988):

We agree with the reasoning in People v. Anaya (1986) 179 Cal.App.3d 828, 831-832, 225 Cal.Rptr. 51, which confronted this question in a similar procedural context where the verdict forms did not find the degree of the burglaries by designating first or second degree but did specify, with a direct reference to the statutory definition of first degree burglary, that each burglary was committed upon " 'an inhabited building and a residence.' " ( Id. at p. 831, 225 Cal.Rptr. 51.) In an analogous situation involving a court trial, People v. Deay (1987) 194 Cal.App.3d 280, 239 Cal.Rptr. 406 held the finding sufficient for first degree burglary where at the conclusion of the trial the court explicitly found the defendant guilty of "residential burglary" and referred to counts in the information containing similar language.

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