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PEOPLE v. SINGLETON

No. B193159.

66 Cal.Rptr.3d 738 (2007)

155 Cal.App.4th 1332

The PEOPLE, Plaintiff and Respondent, v. Richard A. SINGLETON, Defendant and Appellant.

Court of Appeal of California, Second District, Division Five.

October 4, 2007.

Attorney(s) appearing for the Case

Robert H. Pourvali, under appointment by the Court of Appeal, Calabasas, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjon and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

KRIEGLER, J.

Burglary of an inhabited dwelling house is a violent felony when it is charged and proved that a person other than the defendant or an accomplice "was present in the residence during the commission of the burglary." (Pen.Code, § 667.5, subd. (c)(21).)1 The issue presented in this case is whether a resident's presence in the hallway outside of an apartment unit during a burglary is sufficient to satisfy the requirement...

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