Coutu

People v. Coutu

Good Law
171 Cal. App. 3d 192·1985 Cal. App. LEXIS 2400·217 Cal. Rptr. 191
Court of Appeal of CaliforniaAugust 15, 1985A028145California370 words

Opinion

Opinion

King, J.

In this case we hold that burglary of a storeroom connected to an inhabited dwelling by a breezeway constitutes first degree burglary. Robert Louis Coutu appeals from a judgment of conviction for first degree burglary (Pen. Code, §§ 459, 460, subd. 1). We affirm the judgment.

Coiitu burglarized a storeroom at a Belmont residence on March 18, 1984. The storeroom was connected to the main house by a breezeway (commonly a roofed open passage connecting two buildings or halves of a building). The main house, breezeway, and storeroom shared a common roof. The breezeway had a door on one side and was open on the other side. The owner of the house kept a washing machine in the breezeway and kept food products and garden equipment in the storeroom.

Coutu’s sole contention on appeal is that the storeroom was a detached structure which was not a part of the dwelling, so that he was guilty only of second degree burglary.

This contention lacks merit. In an analogous situation the court in People v. Moreno (1984) 158 Cal.App.3d 109, 112 [ 204 Cal.Rptr. 17 ], held that an attached garage without a door connecting the garáge to the interior of the house was a part of the dwelling…

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