People v. Hines
1989 Cal. App. LEXIS 514, 210 Cal.App.3d 945, 259 Cal. Rptr. 128 (1989)
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Rule of Law:
A structure on a residential property that is functionally part of the home, such as a guest house used for domestic or social purposes, qualifies as an 'inhabited dwelling house' for a first-degree burglary conviction, even if no one is using it for sleeping quarters at the time of the crime.
Facts:
- William Bergin owned a five-acre property containing two houses located about 200 yards apart and connected by a walkway.
- The Bergin family used the first house as their primary residence.
- The second house was fully furnished, including beds and bedding, and was used as a guest house and for entertainment, such as a dinner party held two weeks before the burglary.
- Bergin considered the second house to be an extension of his family home.
- At the time of the incident, no one was using the second house as their sleeping quarters.
- On the night of March 22-23, 1987, the defendant and an accomplice burglarized the second house on Bergin's property and another house belonging to Charlotte Aldama.
- They stole a portable Sony stereo cassette player from the Bergin house.
- On April 3, 1987, a deputy sheriff found the defendant in possession of the stolen stereo.
Procedural Posture:
- An information was filed in the trial court charging the defendant with two counts of first-degree burglary and two counts of receipt of stolen property.
- The defendant's accomplice, Troy Cox, pleaded guilty to the burglary charges.
- The defendant was tried before a jury.
- The jury found the defendant guilty on all four counts, classifying the burglaries as first-degree.
- The trial court sentenced the defendant to six years in state prison for the burglary of the Bergin residence.
- The defendant appealed the judgment to the California Court of Appeal.
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Issue:
Does the burglary of a fully furnished guest house, located on the same property as a primary residence but not being used for sleeping at the time of the offense, constitute first-degree burglary of an 'inhabited dwelling house' under California Penal Code section 460?
Opinions:
Majority - Holmdahl, J.
Yes, the burglary of the guest house constitutes first-degree burglary of an inhabited dwelling house. The court rejected a strict test requiring that a person sleep in the structure, reasoning that the legislative purpose of the first-degree burglary statute is to protect individuals from the heightened risk of violent confrontation that exists when a home is invaded. This heightened danger is not confined to sleeping quarters but extends to any part of a home where household members conduct their lives, including cooking, eating, or entertaining. The court likened the guest house to an outbuilding that is part of the 'inhabited messuage' under common law, concluding that its use as an extension of the family home for social and guest purposes created the particular risk of violence the statute was designed to prevent. Therefore, there was sufficient evidence to support the conviction for first-degree burglary.
Analysis:
This decision broadens the definition of an 'inhabited dwelling house' for the purposes of first-degree burglary in California. It signals a move away from the bright-line 'sleeping test' established in prior cases like People v. Cardona toward a more functional, policy-based standard focused on the risk of violent confrontation. The ruling establishes that structures functionally integrated into a home, even if physically separate and not used for sleeping, can be considered part of the dwelling. This precedent expands the potential scope of first-degree burglary charges to include various outbuildings and accessory structures used for domestic purposes, requiring future courts to analyze the specific use of a structure rather than just its status as a sleeping place.
