People v. Yarbrough
Annotate this CaseBurglary is committed when a person enters a building with the intent of committing larceny or any felony. In People v. Valencia, the Supreme Court held that a building is entered when the building's "outer boundary" is crossed. An "unenclosed balcony," Valencia noted in a footnote, was not part of a building's outer boundary. Defendant in this case was charged with residential burglary after climbing onto a second-story apartment's private balcony, which was surrounded by a metal railing four feet in height and accessible only through the single bedroom's sliding glass door. The trial court instructed the jury that such a balcony was within the apartment's outer boundary, and the jury convicted Defendant. The court of appeal reversed, relying on Valencia. The Supreme Court reversed, holding (1) a second floor apartment's balcony is part of the apartment when the balcony is designed to be entered from and offers an extension of the apartment's living space; (2) this holding was not fully reflected in the trial court's jury instruction, as the instruction's language was overbroad; but (3) Defendant was not prejudiced by this error.
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