Fox

People v. Fox

Good Law
1997 Cal. App. LEXIS 872·58 Cal. App. 4th 1041·68 Cal. Rptr. 2d 424·97 Daily Journal DAR 13393·97 Cal. Daily Op. Serv. 8318
Court of Appeal of CaliforniaOctober 28, 1997B104261California1,983 words

Opinion

Opinion

Aldrich, J.

I.

In the published portion of this opinion we determine the trial court properly instructed the jury that, for purposes of Penal Code section 460, the statute defining degrees of burglary, “[wjhere a garage is attached to an inhabited dwelling house and is, therefore, not a separate structure, it is considered to be a part of the inhabited structure.”

In the unpublished portion of this opinion we determine the trial court properly instructed the jury on the principles of aiding and abetting and the reasonable doubt burden of proof. In addition, we conclude the trial court properly relied on Fred Fox’s single prior felony conviction to both double his sentence in accordance with the three strikes law and impose a five-year sentence enhancement.

We affirm the judgment.

II.

Factual and Procedural Background

a. January 12,1996.

Viewed in accordance with the usual rules of appellate review (People v. Johnson (1993) 6 Cal.4th 1, 38 [ 23 Cal.Rptr.2d 593 , 859 P.2d 673 ]), the evidence established that on January 12, 1996, Luis Anaya lived on Cedar Street in Huntington Park. Next to, but separate from Anaya’s house, was a garage with a storage room. In the storage room…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.