Calderon

The evidence, when viewed in the light most favorable to the judgment, showed that defendant Eduardo Villegas Calderon and two accomplices went to the victim’s home in the dead of night, armed with knives, to collect a disputed debt. One of the accomplices kicked in the victim’s door, but before anyone in the group had gone inside, the victim came running out. Defendant tried to stab the victim in the chest, but the victim grabbed the knife blade; thus, he was slashed in the hand instead.

A jury found defendant guilty of first degree burglary (Pen. Code, §§ 459, 460, subd. (a)) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). As a result, defendant was sentenced to a total of five years in prison.

Defendant’s sole appellate contention is that the instructions erroneously allowed the jury to convict him of burglary on the theory that the penetration of the victim’s home by the victim’s own door constituted the necessary entry. We disagree. While this precise factual scenario has never been presented before, we believe that the Supreme Court’s reasoning in People v. Davis (1998) 18 Cal.4th 712 [ 76 Cal.Rptr.2d 770 , 958 P.2d 1083 ] compels the conclusion…