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PEOPLE v. ROJOS

Docket No. A063974.

31 Cal.App.4th 611 (1995)

37 Cal. Rptr.2d 361

THE PEOPLE, Plaintiff and Respondent, v. SILBINO PAZ ROJOS, Defendant and Appellant.

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

January 13, 1995.

Attorney(s) appearing for the Case

COUNSEL

Jo Anne Keller, 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, Ann K. Jensen and George F. Hindall III, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HAERLE, J. —

I. INTRODUCTION

Appellant appeals from his conviction for first degree burglary in connection with an incident occurring at a ranch in Sonoma County. He contends, on two separate but interrelated bases, that his conviction on this count cannot stand because (a) the crime of first degree burglary is contingent upon the building in question being inhabited by a person with a "possessory right" thereto...

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