Magness

We granted review to decide whether a person standing in the driveway of a residence who uses a remote control to open a motorized garage door has entered the residence within the meaning of the burglary statute. For the reasons that follow, we hold that using a remote control to open a garage door does not constitute an entry into the residence. On these facts, defendant may be charged with attempted burglary, but he cannot be charged with a completed burglary.

I.

Defendant Christopher Magness was charged in a felony complaint with attempted first degree burglary of an inhabited dwelling (Pen. Code, §§ 664, 459, 460, subd. (a); further undesignated statutory references are to this code) and second degree burglary of an automobile (§§ 459, 460, subd. (b)). Deputy Sheriff Mark Kuzmich testified at the preliminary hearing that on the evening of July 24, 2010, Timothy Loop was at home with his wife when he heard the garage door of their house opening. Loop ran into the garage and saw defendant standing near the end of the driveway. When defendant fled, Loop chased him on a bicycle and saw him enter a residence. Loop summoned Deputy Kuzmich, who arrested defendant.

Loop…