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MAGNESS v. SUPERIOR COURT

No. C066601.

196 Cal.App.4th 630 (2011)

CHRISTOPHER MAGNESS, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

June 10, 2011.

Attorney(s) appearing for the Case

Paulino G. Duran , Public Defender, Arthur L. Bowie and Alicia Hartley , Assistant Public Defenders, for Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Michael P. Farrell , Attorney General, Julie A. Hokans , Maggy Krell and Sally Espinoza , Deputy Attorneys General, for Real Party in Interest.

OPINION

ROBIE, J.—

Standing in the driveway of a home, with the intent to commit larceny inside, a person uses a remote control to open a garage door, but then flees before going inside the garage when the homeowner responds to the opening door. Has the person committed first degree burglary or just attempted to do so? Our answer is that under Penal Code1 section...

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