Nible
People v. Nible
Opinion
Opinion
Deegan, J.
In this case of first impression, we hold the penetration of a window screen but not the window itself constitutes a burglarious entry. Defendant was convicted following a jury trial of first degree burglary (Pen. Code, §§ 459; 460, subd. I). In addition, defendant admitted an allegation he had been convicted of a prior serious felony (assault with intent to commit rape, § 220), within the meaning of section 667, subdivision (a). On appeal, he contends (1) he was guilty at most of attempted burglary because no entry occurred and (2) the court erroneously admitted evidence of other crimes. We disagree and shall affirm.
I
In the early morning hours of April 17, 1986, Mary Rice was asleep with her young son in the bedroom of her Sacramento apartment. Before going to bed, Rice left the bedroom window open about an inch-and-a-half. Sometime between 1:00 and 1:30 a.m., she was awakened by a loud noise caused by something banging against her window. Rice looked out through the window and noticed the window screen was in place. She also noticed defendant on the ground below the window, lying on his back in the fetal position.