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PEOPLE v. RAMOS

Docket No. B098452.

52 Cal.App.4th 300 (1997)

THE PEOPLE, Plaintiff and Respondent, v. EDMOND JAMES RAMOS, Defendant and Appellant.

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

January 27, 1997.

Attorney(s) appearing for the Case

COUNSEL

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

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Pamela C. Hamanaka and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

VOGEL (Miriam A.), J.

Is a dead man "temporarily absent" from his house? Since we doubt that he will ever return, we think not. We therefore reduce Edmond James Ramos's conviction of first degree burglary to second degree burglary and remand for resentencing.

FACTS

On November 23, 1994, Virgil Wagner died at home from natural...

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