Davenport

Introduction

The published parts of this opinion involve appellant’s conviction of burglarizing a cabin owned and occupied by his estranged wife’s parents. His primary contention on appeal is that since his wife also resided there, Civil Code section 5102, subdivision (a) gave him an unconditional right to enter, thereby precluding a burglary conviction as a matter of law.

Statement of the Case

Facts

A. Background.

Mary and Larry Hillier own a two-story cabin at Long Barn, which is the subject of the first degree burglary conviction on count V. The second floor is accessible only from exterior stairs and consists of two small bedrooms and some storage space. The kitchen, bathroom, and a bedroom are on the first floor.

They purchased the cabin in May of 1984 and commenced living there fulltime in October. Later, Mary moved to premises closer to her work and spent weekends at the cabin with Larry. She lived full time at the cabin from May or June of 1986 through the balance of that year.

Appellant married the Hilliers’ daughter, Gina, in 1984. Gina moved into her parents’ cabin in May of 1985, and appellant joined her in July. They moved into an apartment for…