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PEOPLE v. CARDONA

Docket No. 13874.

142 Cal.App.3d 481 (1983)

191 Cal. Rptr. 109

THE PEOPLE, Plaintiff and Respondent, v. ANTONIO ROMERO CARDONA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

April 27, 1983.

Attorney(s) appearing for the Case

COUNSEL

Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Daniel J. Kremer, Chief Assistant Attorney General, A. Wells Petersen, Harley D. Mayfield, Frederick R. Miller, Jr., and Lillian Lim Quon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (Gerald), P.J.

Antonio Cardona appeals his conviction of first degree burglary (Pen. Code, §§ 459, 460), contending he is guilty only of second degree burglary as the house he entered was not inhabited at the time.

On September 12, 1981, Keith Fuller and his family moved out of the house they rented on Jefferson Street in Carlsbad. The Fullers spent the night of September 12 in their new home in Oceanside...

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