What is the test for establishing that defendant Rodriguez committed burglary of the first degree?

California, United States of America


The following excerpt is from People v. Rodriguez, B279557 (Cal. App. 2017):

To establish that Rodriguez committed burglary of the first degree, the prosecution was required to prove that he entered an inhabited dwelling with the intent to commit larceny or any felony. ( 459, 460.) Rodriguez emphasizes the absence of direct or physical evidence from Huan's residence showing that Rodriguez was inside. But such evidence was not necessary for conviction. Proof that Rodriguez was in possession of stolen property along with slight additional corroborating evidence is sufficient to support the verdict. (People v. Mendoza (2000) 24 Cal.4th 130, 176 (Mendoza) [when a defendant "is found in possession of property stolen in a burglary shortly after the burglary occurred, the corroborating evidence of the defendant's acts, conduct, or declarations tending to show his guilt need only be slight to sustain the burglary convictions"].)

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