People v. Garcia

Opinion

CUÉLLAR, J.

Section 459 of the Penal Code1 provides, in part, that ‘“[e]very person who enters any house, room, . . . shop, warehouse, store, . . . or other building . . . with intent to commit grand or petit larceny or any felony is guilty of burglary.” In this case, defendant Hugo Garcia (Garcia) entered a commercial store in Escondido, California, with the intent to commit a robbery inside. After accomplishing the robbery, Garcia took the robbery victim—a store employee—to a bathroom in the back of the business, bound her hands, and raped her. The jury convicted Garcia of aggravated…