People v. Trevino
2016 Cal. App. LEXIS 545
Cal. Ct. App.2016Background
- In 2013 Angel Trevino forcibly entered an RV in which Cathy Coggins-Allen and Mike Allen lived, assaulted Linda Trevino, and caused substantial door damage; victims and officers observed injuries and damage.
- Trevino was charged with first degree burglary (Pen. Code §§ 459, 460(a)) alleging burglary of an "inhabited dwelling house," plus related assault, vandalism, and contempt counts.
- Trevino moved under § 1118.1 to dismiss the first-degree burglary allegation, arguing an RV (a "house car") is a motor vehicle and not an "inhabited dwelling house" under § 460(a); he relied on statutory distinctions in § 459 and on People v. Moreland.
- The trial court denied the motion, relying on precedent treating nonpermanent structures (e.g., tents) as dwellings when used as residences.
- The jury convicted Trevino of first degree burglary and related counts; the court imposed probation and jail time. Trevino appealed the first-degree burglary conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an occupied RV qualifies as an "inhabited dwelling house" under Penal Code § 460(a) for first-degree burglary | People: An RV used as a residence is an inhabited dwelling and qualifies for first-degree burglary protection | Trevino: RV/"house car" is a vehicle listed in § 459 but not in § 460(a), so Legislature excluded vehicles from § 460(a); dwelling must be fixed to the ground | The court held an RV used as a residence is an "inhabited dwelling house"; habitation, not permanence or attachment to land, determines § 460(a) status |
Key Cases Cited
- People v. Cruz, 13 Cal.4th 764 (Cal. 1996) (holds "inhabited dwelling house" is defined broadly by use as a residence; permanence not required)
- People v. Wilson, 11 Cal.App.4th 1483 (Cal. Ct. App. 1992) (treats an inhabited tent as a dwelling for § 460 purposes)
- People v. Moreland, 81 Cal.App.3d 11 (Cal. Ct. App. 1978) (held an RV was not an "inhabited dwelling house" under a different statute; court below relied on it but Supreme Court later criticized its reasoning)
- People v. Fond, 71 Cal.App.4th 127 (Cal. Ct. App. 1999) (recognizes nontraditional spaces can be "inhabited dwellings")
- People v. Fleetwood, 171 Cal.App.3d 982 (Cal. Ct. App. 1985) (apartment and hotel room can be inhabited dwellings)
- People v. DeRouen, 38 Cal.App.4th 86 (Cal. Ct. App. 1995) (vacation home and trailer may qualify as inhabited dwellings)