People v. Garcia CA3

Filed 2/20/15 P. v. Garcia CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C072905

Plaintiff and Respondent, (Super. Ct. No. SF120862A)

v.

FEDERICO MIGUEL GARCIA,

Defendant and Appellant.

Defendant Federico Miguel Garcia appeals his residential burglary conviction, contending (1) the trial court erred in denying his motion for an acquittal because the prosecution produced insufficient evidence the house was inhabited; (2) there is insufficient evidence the burglarized house was inhabited to warrant a finding of first degree burglary; and (3) the trial court erred in instructing the jury to consider the minor occupant’s subjective beliefs in determining whether the house was inhabited. The…