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PEOPLE v. VALENCIA

No. S095385.

120 Cal.Rptr.2d 131 (2002)

28 Cal.4th 1

46 P.3d 920

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

Supreme Court of California.

June 3, 2002.

Attorney(s) appearing for the Case

Chris Truax, La Mesa, under appointment by the Supreme Court, for Defendant and Appellant.

John T. Philipsborn and Cliff Gardner, San Francisco, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Megan J. Beale, Racquel M. Gonzalez, Crystal L. Bradley, Peter Quon, Jr., and Quisteen S. Shum, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

Under California law, the crime of burglary is committed when a person "enters any ... building," including a "house," "with intent to commit ... larceny or any felony." (Pen.Code,1 § 459, italics added; see § 460.)

We granted review to determine whether penetration into the area behind a window screen amounts to an entry of a building within the meaning of the burglary statute when the window...

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