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IN RE AMBER S.

Docket No. A065729.

33 Cal.App.4th 185 (1995)

39 Cal. Rptr.2d 672

In re AMBER S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. AMBER S., Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

March 16, 1995.

Attorney(s) appearing for the Case

COUNSEL

Robert A. Roth, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald S. Matthias and Joanne S. Abelson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J.

In this case we hold that an "open pole barn" without walls is not a building within the scope of California's burglary statute.

Amber S. and an accomplice were caught in the act of stealing some 30 bales of hay from a structure described by the owner as an "open pole barn." The structure was open on all sides, consisting of a roof and overhang held up by poles. Amber was charged with burglary (Pen. Code,...

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