M.A.

People v. M.A.

Good Law
209 Cal. App. 4th 317
Court of Appeal of CaliforniaSeptember 13, 2012No. D060768California2,228 words

Opinion

Lead Opinion

Irion, J.

The juvenile court made a true finding on a petition filed under Welfare and Institutions Code section 602 that M.A. committed first degree burglary (Pen. Code, §§ 459, 460) 1 and grand theft of a firearm (§ 487, subd. (d)), based on M.A.’s act of taking guns from a closet located in a house into which he initially entered without the intention of committing a crime. M.A. appeals from the judgment, contending that the evidence was insufficient, as a matter of law, to support a true finding that he committed first degree burglary.

I

FACTUAL AND PROCEDURAL BACKGROUND

The facts relevant to M.A.’s appeal are brief and undisputed. M.A. entered a house with the permission of the occupant. At the time he entered the house, M.A. did not intend to commit a felony, but while inside M.A. learned *320 that there were guns in the house, and he decided to take some of them. To this end, without obtaining permission, M.A. opened a closet and stole guns. The closet was three and a half by four feet, and was located in the home’s entryway, just inside the front door. The guns were inside an open safe in the entryway closet.

Based on these facts, the juvenile court made a true finding…

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