People v. Rodriguez

Opinion

VARTABEDIAN, J.

A jury convicted defendant David Michael Rodriguez of first degree burglary. The issues on appeal are: whether a burglary of a home office that, among its features, shares a roof and a common wall with the residence constitutes first degree burglary, and whether the court adequately instructed the jury. We affirm.

Procedural Background

On June 16, 1998, the District Attorney for Madera County filed a third amended information charging defendant with residential burglary in violation of Penal Code section 459. In addition, the information contained three special…