People v. Glazier

Opinion

KLEIN, P. J.

Defendant and appellant, Gary Glazier, appeals his conviction of first degree attempted burglary (Pen. Code, §§ 459, 664). Glazier used a paint sprayer filled with gasoline and a 20-foot-long torch to set fire to his neighbor’s house while he remained on his own property. Glazier claims he should not have been convicted of attempted burglary under the burglary-by-instrument doctrine.

We disagree. As interpreted by case law, the limitations on the burglary-by-instrument doctrine have no application in this situation. Glazier’s conduct fell within the parameters of the…