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MAGNESS v. SUPERIOR COURT

No. S194928.

54 Cal.4th 270 (2012)

142 Cal. Rptr. 3d 268

278 P.3d 259

CHRISTOPHER MAGNESS, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

June 7, 2012.

Attorney(s) appearing for the Case

Paulino G. Duran , Public Defender, Arthur L. Bowie and Alicia Hartley , Assistant Public Defenders, for Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Julie A. Hokans , Maggy Krell and Sally Espinoza , Deputy Attorneys General, for Real Party in Interest.

OPINION

LIU, J. —

We granted review to decide whether a person standing in the driveway of a residence who uses a remote control to open a motorized garage door has entered the residence within the meaning of the burglary statute. For the reasons that follow, we hold that using a remote control to open a garage door does not constitute an entry into the residence. On these facts, defendant may be charged with attempted burglary, but he...

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