People v. Trevino
B261916M
| Cal. Ct. App. | Jul 12, 2016Background
- Defendant Angel Trevino forcibly entered an RV where Coggins‑Allen and Allen had lived for years; he assaulted Linda Trevino and damaged the RV's door.
- Trevino was charged with, among other counts, first‑degree burglary under Penal Code §§ 459, 460(a) (burglary of an "inhabited dwelling house").
- Trevino moved to dismiss the first‑degree allegation, arguing an RV (a "house car") is a motor vehicle and not an "inhabited dwelling house" under § 460(a).
- The trial court denied the motion; a jury convicted Trevino of first‑degree burglary and related offenses and found the § 460(a) allegation true.
- On appeal, Trevino argued the statutory text and Moreland supported excluding RVs from § 460(a); the People argued § 460(a) broadly covers any inhabited dwelling, including RVs.
- The Court of Appeal affirmed, holding an RV used as a residence is an "inhabited dwelling house" for § 460(a) purposes and thus burglary of such an RV may be first degree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an inhabited RV qualifies as an "inhabited dwelling house" under § 460(a) | § 460(a) should be read broadly to protect residences used for habitation, so an inhabited RV is covered | RVs are motor vehicles ("house car") listed in § 459 but not enumerated in § 460(a); legislative omission shows RVs excluded from first‑degree burglary | An RV that is used as a residence qualifies as an "inhabited dwelling house" under § 460(a); conviction affirmed |
Key Cases Cited
- People v. Cruz, 13 Cal.4th 764 (1996) ("inhabited dwelling house" has a broad, habitation‑based definition; structures on wheels can qualify)
- People v. Wilson, 11 Cal.App.4th 1483 (1992) (tent may be an "inhabited dwelling house" for § 460 if used as sleeping/storage quarters)
- People v. Moreland, 81 Cal.App.3d 11 (1978) (held an RV was not an "inhabited dwelling house" under a different statute; court here distinguishes and rejects broad application)
- People v. Fond, 71 Cal.App.4th 127 (1999) (emphasizes protection of personal safety and privacy in inhabited dwellings)
- People v. DeRouen, 38 Cal.App.4th 86 (1995) (vacation home and trailer can be "inhabited dwelling" for first‑degree burglary purposes)
- People v. Fleetwood, 171 Cal.App.3d 982 (1985) (apartment/hotel room treated as inhabited dwelling for § 460)
- People v. Goolsby, 62 Cal.4th 360 (2015) (discussed but distinguished; prior appellate decision was reviewed by the Supreme Court)