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PEOPLE v. GLAZIER

No. B214200.

186 Cal.App.4th 1151 (2010)

113 Cal. Rptr. 3d 108

THE PEOPLE, Plaintiff and Respondent, v. GARY GLAZIER, Defendant and Appellant.

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

July 19, 2010.

Attorney(s) appearing for the Case

Jonathan P. Milberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, James William Bilderback II and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KLEIN, P. J.

Defendant and appellant, Gary Glazier, appeals his conviction of first degree attempted burglary (Pen. Code, §§ 459, 664).1 Glazier used a paint sprayer filled with gasoline and a 20-foot-long torch to set fire to his neighbor's house while he remained on his own property. Glazier claims he should not have been convicted of attempted burglary under the burglary-by-instrument doctrine.

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