People v. Purdie CA4/3

FACTS

In 2007, Robert Phelps and his wife purchased a home in Running Springs, California. Phelps testified he purchased the home as a vacation property, and that “[w]e (his family) are going up there for New Year’s. We go several times in the summer,

All further statutory references are to the Penal Code unless otherwise indicated.

2 maybe quarterly.” He also testified that beginning in April 2011, he started renting the property “to church groups, youth groups, large families.” Phelps explained, “I’m the property manager, as well as the owner . . . .” But regardless of what type of ownership interest prompted his actions, Phelps made weekly visits to the home for the purpose of maintenance, and he effected periodic home improvement projects. In October 2011, tenants gained access to the home by retrieving a key from a lockbox. At the time, Phelps was overseeing the construction of a roof over a deck at the home. He generally spent the day working at the Running Springs home, but he returned to his main residence at night. On the morning of October 21, Phelps came to the property and noticed that someone had pried open the lockbox, grabbed the key, entered the home, and…