McCormack

A jury convicted defendant of one count of first degree burglary. (Pen. Code, § 459-) The court found true enhancing allegations defendant had suffered two prior serious felony convictions and that he had served three separate prior prison terms. (§§ 667, subd. (a), 667.5, subd. (b).) On appeal defendant asserts the trial court erred in instructing the jury it could convict defendant of burglary if it found he formed the intent to steal after he entered the relevant structure but before he entered the room within the structure from which items were taken. We find no error and affirm.

Facts

Harry Leivas returned to his brother’s house one afternoon and observed a car parked in front of the house. Defendant was sitting in the driver’s seat. Some time after Leivas entered the house he heard a knock on the door which he did not answer. When he got up to investigate he found defendant had entered the house, apparently through an unlocked door.

Leivas saw defendant in the kitchen and asked what defendant was doing there. Defendant responded that Leivas had asked him in. Leivas denied this and told defendant he did not belong in the house. He asked defendant to leave but…