What is the burden of proving intent in a burglary case?

California, United States of America


The following excerpt is from People v. Marin, D065081 (Cal. App. 2014):

It is the prosecution's burden to "establish that a burglary defendant entered the premises with the intent to commit a felony or theft. Commonly, that intent must be inferred from the circumstances of the charged offense or offenses. [Citation.] ' "While the existence of the specific intent charged at the time of entering a building is necessary to constitute burglary in order to sustain a conviction, this element is rarely susceptible of direct proof and must usually be inferred from all of the facts and circumstances disclosed by the evidence." ' " (People v. Holt (1997) 15 Cal.4th 619, 669.)

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