People v. Nible

Opinion

DEEGAN, J. *

In this case of first impression, we hold the penetration of a window screen but not the window itself constitutes a burglarious entry. Defendant was convicted following a jury trial of first degree burglary (Pen. Code, §§ 459; 460, subd. I). In addition, defendant admitted an allegation he had been convicted of a prior serious felony (assault with intent to commit rape, § 220), within the meaning of section 667, subdivision (a). On appeal, he contends (1) he was guilty at most of attempted burglary because no entry occurred and (2) the court erroneously admitted evidence…