PEOPLE v. YARBROUGH

No. B222399.

193 Cal.App.4th 921 (2011)

THE PEOPLE, Plaintiff and Respondent, v. JAMMAL HANEEF YARBROUGH, Defendant and Appellant.

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

March 23, 2011.


Attorney(s) appearing for the Case

Linda Charman Hayes , 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, Blythe J. Leszkay and David Zarmi , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MALLANO, P. J.

Defendant Jammal Haneef Yarbrough appeals from a judgment entered following a jury trial in which he was convicted of first degree burglary for having entered a second-floor unenclosed balcony of an apartment with intent to commit a theft. He contends the court erroneously instructed the jury that an unenclosed balcony is part of a building for purposes of the burglary statute and that the facts disclosed only...

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