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A Person Can be Convicted of Burglary of the Apartment Which He Leases: California Penal Code Section 459

By Walin & Klarich

Recently, a California appellate court has concluded that even if you have a signed lease to enter your apartment, that may not constitute a complete defense to burglary when there is sufficient evidence to conclude that the defendant did not have ?an unconditional possessory interest? in the apartment rented with another person at the time of commission of burglary.(People v. Ulloa (Cal. App. 4 Dist., Dec. 21, 2009, No. E045880) 2009 WL 4895082.) In Ulloa, the defendant was convicted of first degree residential burglary, receiving stolen property, and misdemeanor vandalism as a result of breaking into an apartment leased together with his then-wife, and taking her purse and $900 from her wallet following a domestic violence confrontation...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 05, 2010 (boomark / email).