What is the test for determining whether there is evidence of second degree burglary in an attached garage case?
California, United States of America
The following excerpt is from Corona v. City of S.F., 280 Cal.Rptr.3d 285, 65 Cal.App.5th 950 (Cal. App. 2021):
Similarly, in People v. Moreno (1984) 158 Cal.App.3d 109, 204 Cal.Rptr. 17 ( Moreno ), another attached garage case, the court explained that "because the fact of attachment was not contradicted, no evidence of second degree burglary was presented." ( Id. at p. 113, 204 Cal.Rptr. 17 ; see also
[280 Cal.Rptr.3d 291]
People v. Cruz (1996) 13 Cal.4th 764, 776, 55 Cal.Rptr.2d 117, 919 P.2d 731 ( Cruz ) [citing Moreno for proposition that burglary of "an attached garage not having an entrance into the house" is first degree burglary].)
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