Sparks

People v. Sparks

Good Law
120 Cal. Rptr. 2d 508·28 Cal. 4th 71·47 P.3d 289
Supreme Court of CaliforniaJune 19, 2002S098290California7,960 words

Opinion

Opinion

George, J.

Section 459 of the Penal Code provides, in part, that one who “enters any house, room, apartment, . . . store, ... or other building . . . with intent to commit. . . larceny or any felony is guilty of burglary.” (Italics added.) We granted review to address a conflict in Court of Appeal decisions concerning whether a defendant’s entry into a bedroom within a single-family house with the requisite intent can support a burglary conviction if that intent was formed only after the defendant’s entry into the house. We conclude that such an entry can support a burglary conviction under section 459, and hence reverse the judgment of the Court of Appeal, which reached a contrary conclusion.

I.

At approximately noon on April 20, 1999, 22-year-old Ana I. answered defendant’s knock at the door of her single-family home in Vista. Defendant, then 25 years of age, attempted to sell Ana some magazines, but she stated she was not interested. Defendant asked Ana for a glass of water, which she provided to him as he remained outside the house. Defendant eventually asked Ana whether he could enter the house, and he did so. (Ana could not recall at trial whether she invited defendant to…

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