People v. VasquezAnnotate this Case
Defendant appealed his conviction for residential burglary and misdemeanor trespass. The court concluded that there was sufficient evidence to establish that the residence at issue is an inhabited dwelling for the purposes of first degree burglary where the owner was preparing to move in, she had transferred utilities to her name, installed locks, left personal items in the house, painted an interior wall of the garage, and came and went during daytime hours. The court rejected defendant's arguments regarding jury instructions related to the temporary absence from a residence, relating principles of aiding and abetting and the elements of burglary; and refusal an instruction regarding mistake of fact. Finally, the trial court did not err in ruling that his prior convictions were admissible for impeachment purposes and by imposing a probation investigation fee and a criminal justice administration fee without finding that he had an ability to pay those fees. Accordingly, the court affirmed the judgment.