People v. Elsey

Opinion

KOLKEY, J,

I. Introduction

In this appeal, we consider whether entry into six rooms at a single school constitutes six separate burglaries under Penal Code section 459.

A jury convicted defendant Lester Paul Elsey (defendant) of six counts of second degree burglary based upon his entry into five classrooms and the main office area of a middle school in Shasta County. He was sentenced to state prison for concurrent terms of two years on each count. On appeal, defendant contends that the trial court erred in instructing the jury that “each classroom and the main office constitute^] a…