PEOPLE v. SALEMME

Docket No. C008476.

2 Cal.App.4th 775 (1992)

3 Cal. Rptr.2d 398

THE PEOPLE, Plaintiff and Appellant, v. NICHOLAS ANDRE SALEMME, SR., Defendant and Respondent.

Court of Appeals of California, Third District.

January 13, 1992.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Michael Weinberger, and Susan Rankin Bunting, Deputy Attorneys General, for Plaintiff and Appellant.

Holloway & Tauman and Leonard K. Tauman for Defendant and Respondent.

Melissa K. Nappan as Amicus Curiae on behalf of Defendant and Respondent.


OPINION

SCOTLAND, J.

This case poses the question whether defendant's alleged entry into the home of an intended victim for the purpose of selling fraudulent securities constituted burglary. Defendant contends it did not because the purpose of our state's burglary statutes is "to protect against dangers inherent in intrusion" and, on the facts of this case, "there could be no danger from the mere entry of [the victim's] residence...

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