McEntire

INTRODUCTION

A resident is home alone lying on her couch. Her dog barks. The resident looks out to her backyard and sees a male intruder there. The intruder approaches the home and tries to open the sliding glass door, which is beyond the door’s screen. The resident picks up her dog and her wireless phone. She dials 911. Shortly after fleeing her home to the front yard, she hears glass shatter. Does sufficient evidence support the finding the resident was present during the commission of the burglary? We conclude it does, even though the screen was partially open, because the intruder penetrated the space beyond the screen in attempting to open the sliding glass door while the resident was still inside her home.

Defendants Daniel Raymond McEntire and Manuel Martinez Rodriguez were jointly tried and convicted by a jury of the following offenses: first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a); count l), 1 possession of a firearm by a felon (§ 29800, subd. (a)(1); counts 2 and 3), unlawful possession of ammunition (§ 30305, subd. (a); counts 4 and 5), carrying a concealed firearm in a vehicle (§ 25400, subd. (a)(3); counts 6 and 7), and active…