Kwok

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant

Attorney General, Catherine A, Rivlin and Michael E. Banister, Deputy Attorneys General, for Plaintiff and Respondent.

Certified For Partial Publication. [*]

PHELAN, Presiding Justice.

Elliot Kwok appeals from a final judgment of conviction following jury trial. He claims he could not be found guilty of residential burglary for an entry into the victim's residence where he removed a lock mechanism, took it to a locksmith who made a key which appellant retained, and then returned the lock to its original position. He argues that no burglary was committed because he did not take the lock with the intent permanently to deprive the victim of it. Rather, his intent at time of entry was to commit a felony assault on the victim on a future date. He further argues that even if his conviction of burglary under these circumstances was proper, sentencing on this charge should have been stayed under Penal Code section 654. [1]

We reject his arguments and affirm. [2]

A grand jury indictment was filed in Contra Costa County accusing appellant of the attempted murder…