People v. Singleton

Opinion

KRIEGLER, J.

Burglary of an inhabited dwelling house is a violent felony when it is charged and proved that a person other than the defendant or an accomplice “was present in the residence during the commission of the burglary.” (Pen. Code, § 667.5, subd. (c)(21).) The issue presented in this case is whether a resident’s presence in the hallway outside of an apartment unit during a burglary is sufficient to satisfy the requirement of section 667.5, subdivision (c)(21). We hold it is not.

A jury convicted defendant and appellant Richard A. Singleton of two counts of first degree burglary…