PEOPLE v. JACKSON

No. B218372.

190 Cal.App.4th 918 (2010)

THE PEOPLE, Plaintiff and Respondent, v. KERWIN JACKSON, Defendant and Appellant.

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

December 8, 2010.


Attorney(s) appearing for the Case

Randall Conner , 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, Michael C. Keller and David Zarmi , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WILLHITE, Acting P. J.

Kerwin Jackson appeals from the judgment entered following his conviction by jury on one count of first degree burglary. (Pen. Code, § 459.) Appellant contends that the jury instructions on the elements of burglary erroneously imposed a presumption that the balcony in this case qualified as a building for purposes of Penal Code section 459. We affirm.

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