Does a conviction for first degree burglary qualify as second degree burglary?
California, United States of America
The following excerpt is from People v. Tapia, F068326 (Cal. App. 2015):
Appellant challenges his conviction for first degree burglary, arguing that his entry into a detached, unlocked laundry room qualified as second degree, not first degree, burglary. Appellant's argument rests to a large extent on distinguishing People v. Woods (1998) 65 Cal.App.4th 345 (Woods). Appellant argues he can raise this point because he obtained a certificate of probable cause. The People argue that appellant cannot
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