People v. Ramos
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
VOGEL (Miriam A.), J.
Is a dead man “temporarily absent” from his house? Since we doubt that he will ever return, we think not. We therefore reduce Edmond James Ramos’s conviction of first degree burglary to second degree burglary and remand for resentencing.
Facts
On November 23, 1994, Virgil Wagner died at home from natural causes. His daughter-in-law, Marilyn Ball, was notified of his death, and when she went to Wagner’s house two days later, she found that a microwave and a VCR were missing. Although Ball locked the house when she left, there were at least two more unauthorized…
2Cases cited8 opinions
- People v. Superior Court (Romero)California Supreme Court · 1996
- People v. CardonaCalifornia Court of Appeal · 1983
- People v. HernandezCalifornia Court of Appeal · 1992
- Keel v. StateIndiana Court of Appeals · 1975
- Johnson v. StateDistrict Court of Appeal of Florida · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Douglas v. JacquezCourt of Appeals for the Ninth Circuit · 2010
- Massie v. StateCourt of Appeals of Maryland · 1998
- State v. EdwardsCourt of Appeals of Minnesota · 1999
- Douglas v. JacquezCourt of Appeals for the Ninth Circuit · 2010
- People v. GlazierCalifornia Court of Appeal · 2010
3 more not listed; retrieve them via the Exa API.