People v. M.A.
209 Cal. App. 4th 317
Cal. Ct. App.2012Background
- M.A. entered a house with the occupant's permission without felonious intent.
- Inside, M.A. learned guns were present and opened a front-entryway closet to steal them.
- Guns were stored in an open safe within the closet in the entryway closet.
- The juvenile court found true on counts of first degree burglary and grand theft of a firearm.
- M.A. was adjudged a ward and committed to the Breaking Cycles program for up to 150 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is entering a closet inside a residence a room under 459? | M.A. argues no room entry occurred. | People argues closet fits room concept under Sparks guidance. | closet is a room for burglary purposes. |
| Can entry into the closet support first degree burglary of an inhabited dwelling? | M.A. contends the closet alone is not an inhabited dwelling. | People contends closet is functionally interconnected to dwelling. | Yes; entry into the closet supports first degree burglary of an inhabited dwelling. |
Key Cases Cited
- People v. Sparks, 28 Cal.4th 71 (Cal. 2002) (defines room in burglary; supports treating closet as room)
- People v. Garcia, 214 Cal.App.2d 681 (Cal. App. Dist. 2, 1963) (storage room/ cage as room for burglary)
- People v. Gaytan, 38 Cal.App.2d 83 (Cal. App. Dist. 2, 1940) (storage room burglary under section 459)