Luis Rodriguez

June 15, 2014

Rule Synthesis
According to the California Penal code 459, every person who enters
any housewith the intent to commit grand or petit larceny or any
felony is guilty of burglary. First-degree burglary is differentiated in
penal code 460 as every burglary of an inhabited dwelling house.
Every other type of burglary is considered second degree. A house is
inhabited if the people living there are merely temporary absent or on
vacation (People v Allard). Sleeping in a home over night changed from
being required to now a consideration (People v Cardona). To
demonstrate inhabitation the intent to occupy a dwelling can be
proven with the factors of sleep, moving in your belongings, turning on
the utilities, to demonstrate intent to occupy and return to a residence
(People v Hernandez).