People v. Edwardo V.
Opinion
Lead Opinion
Crosby, J.
J.The juvenile court found Edwardo V. committed a first degree residential burglary. The minor contends the garage he burgled was not an inhabited dwelling within the meaning of Penal Code section 460. We disagree and affirm.
I
David Flournoy occupied one residence in a duplex in Newport Beach. The garage was located at the rear of the structure and shared the roof and one wall with it. The tenants shared the garage, but neither had direct access to it from their respective dwellings. It could only be entered through the exterior door.
About 2:30 p.m. on June 18, 1997, Flournoy opened the garage door, but returned briefly to his home for a snack before leaving. He saw two males *593 ride past on bicycles and minutes later heard a loud crash in the garage. He investigated and discovered three bicycles owned by his upstairs neighbors were missing. Two other bicycles were on the garage floor. Flournoy identified them as the ones he had just seen ridden past the duplex.
Later that afternoon a mail carrier saw two youths matching a police description of the suspects. Officers apprehended and detained the two individuals. Flournoy was transported to the scene and identified…