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PEOPLE v. RODRIGUEZ

No. F031606.

92 Cal.Rptr.2d 236 (2000)

77 Cal.App.4th 1101

The PEOPLE, Plaintiff and Respondent, v. David Michael RODRIGUEZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As Modified on Denial of Rehearing February 28, 2000.

Review Denied April 26, 2000.

Attorney(s) appearing for the Case

Ann Hopkins, Iowa City, IA, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Margaret Venturi and Stephen G. Herndon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

VARTABEDIAN, J.

A jury convicted defendant David Michael Rodriguez of first degree burglary. The issues on appeal are: whether a burglary of a home office that, among its features, shares a roof and a common wall with the residence constitutes first degree burglary, and whether the court adequately instructed the jury. We affirm,

PROCEDURAL BACKGROUND

On June 16, 1998, the District Attorney for Madera County filed a third amended...

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