DeRouen

On March 4, 1993, defendant William Henry DeRouen burglarized two vacation homes, two trailers and a shed in Calaveras County. He was convicted of four counts of first degree burglary, one count of second degree burglary, and one count of receiving stolen property. On appeal, he contends there was insufficient evidence the vacation homes or trailers were “inhabited dwellings” to support the convictions for first degree burglary (Pen. Code, §§ 459, 460) and no evidence property was taken from the shed to support the second degree burglary conviction. He also objects to the imposition of a restitution fine without a determination he had the ability to pay.

Facts

We provide the requisite synopsis of the evidence under the established rules governing the scope of our review when a challenge is made to the sufficiency of the evidence. “ ‘When the sufficiency of the evidence is challenged on appeal, the court must review the whole record in the light most favorable to the judgment to determine whether it contains substantial evidence—i.e., evidence that is credible and of solid value—from which a rational trier of fact could have found the defendant guilty beyond a reasonable…