Thorn

Defendant and appellant Richard Thom (Thom) appeals his jury trial conviction for first degree burglary in violation of Penal Code, section 460, subdivision (a). Thom contends his conviction should be reversed because the carport area where he committed the offense does not fall within the ambit of the burglary statutes. Thom also contends the conviction should be reversed because the trial court directed a verdict of guilty on the first degree burglary charge by the manner in which it instmcted the jury on the charge. As explained more fully below, we find these contentions unpersuasive, and therefore affirm.

Procedural Background

On December 24, 2007, the San Mateo County District Attorney filed an information charging defendant with the following offenses: count 1—com-mercial burglary, a felony (§ 460, subd. (b)); count 2—automobile burglary, a felony (§ 460, subd. (b)); count 3—first degree burglary of an inhabited dwelling house, a felony (§ 460, subd. (a)); count 4—being under the influence of a controlled substance, a misdemeanor (Health & Saf. Code, § 11550, subd. (a)); count 5—possession of drag paraphernalia, a misdemeanor (Health & Saf. Code, § 11364); and…