Rodriguez

A jury convicted defendant David Michael Rodriguez of first degree burglary. The issues on appeal are: whether a burglary of a home office that, among its features, shares a roof and a common wall with the residence constitutes first degree burglary, and whether the court adequately instructed the jury. We affirm.

Procedural Background

On June 16, 1998, the District Attorney for Madera County filed a third amended information charging defendant with residential burglary in violation of Penal Code section 459. In addition, the information contained three special allegations. First, defendant had suffered three prior serious felony convictions within the meaning of section 667, subdivisions (b) through (i). Second, defendant had been convicted of first degree burglary on November 28, 1989, within the meaning of section 667, subdivision (a)(1). Third, defendant had been convicted of first degree burglary on August 12, 1991, had served a prior prison term within the meaning of section 667.5 for that crime, and had committed another felony offense within five years of that prior prison term within the meaning of section 667.5, subdivision (b). Defendant pled not guilty and…