Clayton

Lanier Deshon Clayton was hired by Richard August to murder Richard’s wife, Kathleen. With a key provided by Richard, Clayton gained entry into the house where Richard and Kathleen lived with their children. Clayton attacked Kathleen. Kathleen fought back and Clayton ran off. He was arrested nearby and ultimately convicted of conspiracy to commit murder, attempted murder and burglary, enhanced by a deadly weapon allegation. In the published portion of this opinion, we reject Clayton’s contention that his burglary conviction must be reversed because he entered the residence with Richard’s consent. In the unpublished portion of this opinion, we reject Clayton’s other claims of error. We affirm the judgment of conviction in its entirety.

Facts

Discussion

I.-III.*

IV.

Clayton contends his burglary conviction cannot stand because he entered the house with Richard’s consent (Richard gave Clayton a key to the house so that Clayton could enter to murder Kathleen). We disagree.

Historically, any entry into a structure enumerated in Penal Code section 459 with the intent to commit a felony constituted a burglary without regard to the circumstances of the entry. (People v.…