What is the test for making a challenge to the sufficiency of evidence in a burglary case?

California, United States of America


The following excerpt is from People v. Crawford, B238023 (Cal. App. 2013):

When a challenge is made to the sufficiency of the evidence, the reviewing court views the evidence in the light most favorable to the judgment. (People v. Moore (2011) 51 Cal.4th 386, 408.)

"[A]n entry occurs for purposes of the burglary statute if any part of the intruder's body, or a tool or instrument wielded by the intruder, is 'inside the premises.' [Citations.]" (People v. Wise (1994) 25 Cal.App.4th 339, 345.) Even the slightest entry is sufficient. (Magness v. Superior Court (2012) 54 Cal.4th 270, 273-274.) In other words, "something that is outside must go inside for an entry to occur." (Id. at p. 279.)

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