People v. Nunley

Opinion

FLAHERTY, J. *

In this case we consider, among other issues, the question of whether a person, intending to burglarize an apartment, may be convicted of burglary by merely entering the lobby of the apartment building where the apartment is located.

The facts of this case are not in dispute. On May 30, 1982, Frances Byrne and Tim Foremosa were returning to their apartment at 100 Alma Street in San Francisco at 6 p.m. The front door to the apartment building contains transparent glass and is at the head of an outside stairway. As Ms. Byrne ascended the steps she looked through the glass…