No. S058743.

76 Cal.Rptr.2d 770 (1998)

958 P.2d 1083

18 Cal.4th 712

The PEOPLE, Plaintiff and Respondent, v. Michael Wayne DAVIS, Defendant and Appellant.

Supreme Court of California.

July 30, 1998.

Attorney(s) appearing for the Case

George O. Benton, under appointment by the Supreme Court, Santa Rosa, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Catherine A. Rivlin and Gregg E. Zywicke, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, Chief Justice.

Defendant was convicted of forgery, receiving stolen property, and burglary, based upon evidence that he presented a stolen and forged check to the teller at a check-cashing business by placing the check in a chute in a walk-up window. Defendant maintains that the burglary conviction must be reversed because he did not enter the check-cashing facility. For the reasons that follow, we agree.


On May 27, 1995, defendant approached...

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