Magness v. Superior Court

Opinion

LIU, J.

We granted review to decide whether a person standing in the driveway of a residence who uses a remote control to open a motorized garage door has entered the residence within the meaning of the burglary statute. For the reasons that follow, we hold that using a remote control to open a garage door does not constitute an entry into the residence. On these facts, defendant may be charged with attempted burglary, but he cannot be charged with a completed burglary.

I

Defendant Christopher Magness was charged in a felony complaint with attempted first degree burglary of an inhabited…