What is the test for establishing that there was a break-in at a house during a robbery?

California, United States of America


The following excerpt is from People v. Jones, 11 Cal. Daily Op. Serv. 1438, 121 Cal.Rptr.3d 1, 2011 Daily Journal D.A.R. 1709, 247 P.3d 82, 51 Cal.4th 346 (Cal. 2011):

very, very short period of time of the [121 Cal.Rptr.3d 32] robbery. Property with names on it that was stolen shortly beforehand was found inside that residence. The prosecutor argued that, although primarily circumstantial, the evidence was sufficient to present to the jury. After reviewing People v. Phillips, supra, 41 Cal.3d 29, 222 Cal.Rptr. 127, 711 P.2d 423, the court ruled that the offer of proof was a sufficient inquiry into the sufficiency of the evidence, and that an evidentiary hearing was not required. It denied the motion for an evidentiary hearing and admitted the evidence.

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