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PEOPLE v. NIBLE

Docket No. C001729.

200 Cal.App.3d 838 (1988)

246 Cal. Rptr. 396

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM L. NIBLE, Defendant and Appellant.

Court of Appeals of California, Third District.

April 18, 1988.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and David Y. Stanley, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Roger E. Venturi and Alison Aleman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DEEGAN, J.*

In this case of first impression, we hold the penetration of a window screen but not the window itself constitutes a burglarious entry. Defendant was convicted following a jury trial of first degree burglary (Pen. Code, §§ 459; 460, subd. 1).1 In addition, defendant admitted an allegation he had...

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