Vasquez

The new owner of a house prepares to move in. She transfers utilities to her name, installs locks, leaves personal items in the house, paints an interior wall of the garage, and comes and goes during daytime hours narrowly missing defendant’s two intrusions. Here we hold these facts are sufficient to establish her house is an inhabited dwelling for purposes of first degree burglary.

Robert Terry Vasquez appeals a judgment following conviction of residential burglary and misdemeanor trespass, with a finding that he served a prior prison term. (Pen. Code, §§ 459, 602.5, subd. (a), 667.5, subd. (b).) We affirm.

FACTUAL AND PROCEDURAL HISTORY

On August 28, 2013, Charlotte Banks closed escrow and received the keys to her newly purchased home located at 931 Albany Avenue in Ventura. Banks intended the home to be her primary residence and had introduced herself to an Albany Avenue neighbor. Prior to the close of escrow, Banks arranged for the transfer of the home’s utilities to her account. After escrow, she notified creditors of her changed address.

Banks had ambitious plans to improve the home, including removing the floor coverings, replacing the windows and doors, and…