Is a person guilty of burglary if they enter a structure enumerated in section 459 of the California Penal Code with the intent to commit a felony?
California, United States of America
The following excerpt is from People v. McClanahan, A142345 (Cal. App. 2016):
person who enters a structure enumerated in section 459 with the intent to commit a felony is guilty of burglary except when he or she (1) has an unconditional possessory right to enter as the occupant of that structure or (2) is invited in by the occupant who knows of and endorses the felonious intent"]; People v. Brown (1992) 6 Cal.App.4th 1489, 1497, fn. 3 [same].)
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