Rodriguez

*1103 Pedro Rodriguez met Rebecca on an online dating application when he was 41 and she was 16 years old. Rodriguez arranged an in-person meeting with Rebecca a few weeks later and, on numerous occasions over the next several months, engaged in various sexual acts with her in hotel rooms he had rented. A jury convicted Rodriguez of 11 offenses involving unlawful sexual conduct with a minor, one count of burglary in violation of Penal Code section 459, 1 and one count of attempting to dissuade a witness from reporting a crime in violation of section 136.1, subdivision (b)(1).

Rodriguez contends there was insufficient evidence to support the conviction for burglary because section 459 requires an invasion of a possessory interest in the subject room or building and, much like the lessee of an apartment, he had an unconditional possessory interest in the hotel room he rented. He asserts the trial court should have either dismissed the charge or provided the jury with a pinpoint instruction regarding the significance *306 of any such possessory interest. To the extent this court concludes there is a relevant distinction between his possessory interest in the hotel room and a…