Trevino

People v. Trevino

Good Law
1 Cal. App. 5th 120·2016 Cal. App. LEXIS 545·203 Cal. Rptr. 3d 909
Court of Appeal of CaliforniaJuly 5, 20162d Crim. B261916California2,216 words

Opinion

Opinion

Perren, J.

*122 Angel Robert Trevino appeals his conviction by jury of first degree burglary of an inhabited recreational vehicle (RV). (Pen.Code, §§ 459, 460.) Section 460, subdivision (a) categorizes burglary as first degree if it is of "an inhabited dwelling house, vessel ..., floating home ..., or trailer coach ..., or the inhabited portion of any other building...." Appellant contends that because an RV, statutorily referred to as a "house car," is not specifically included in section 460, subdivision (a), his first degree burglary conviction cannot stand. We conclude that the absence of the words "recreational vehicle" or "house car" from section 460, subdivision (a) is not determinative, and that the phrase "inhabited dwelling house," as used in that subdivision, includes an inhabited RV. Accordingly, we affirm.

FACTS AND PROCEDURAL BACKGROUND

On August 29, 2013, Cathy Coggins-Allen and her husband, Mike Allen, had dinner at a restaurant with appellant and his wife, Linda Trevino (Linda). Allen and appellant drank alcohol. After dinner, appellant drove Coggins-Allen and Allen to the RV where the couple had been living for several years. The RV has a truck-style cab with doors and is…

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