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PEOPLE v. VALENCIA

No. G023666.

103 Cal.Rptr.2d 142 (2001)

86 Cal.App.4th 201

The PEOPLE, Plaintiff and Respondent, v. Cuahutemoc Sanchez VALENCIA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

Review Granted May 16, 2001.

Attorney(s) appearing for the Case

Chris Truax, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Crystal L. Bradley, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CROSBY, J.

A jury convicted Cuahutemoc Sanchez Valencia of burglary, but we hold he did not "enter" the victim's house when he only removed a window screen and no part of his body passed the closed window beyond. Accordingly, the conviction must be reduced to attempted burglary.

I

Lee Florea returned to his Santa Ana home around lunchtime on February 4, 1998, to find the screen of his bathroom window on the ground and a bedroom...

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