Rojos

I. Introduction

Appellant appeals from his conviction for first degree burglary in connection with an incident occurring at a ranch in Sonoma County. He contends, on two separate but interrelated bases, that his conviction on this count cannot stand because (a) the crime of first degree burglary is contingent upon the building in question being inhabited by a person with a “possessory right” thereto and (b) that circumstance did not obtain in this case. We reject appellant’s attempt to graft an additional “possessory right” requirement onto the code sections in question and affirm.

II. Factual and Procedural Background

Most of the factual background was disputed; a little was not. Among the undisputed elements were that appellant and one Lydia Luna (Luna) had known each other for several years from their work at or association with the Kunde Ranch in Kenwood, Sonoma County. Appellant was a worker at the ranch and Luna someone who had some prior association with the ranch, but at the time in question (May 1993) was apparently just selling beer to ranch employees after their work. It was also undisputed that Luna was occupying a cabin on the ranch.

In the disputed…