M.A.
People v. M.A.
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.