People v. Cardona

Opinion

BROWN (Gerald), P. J.

Antonio Cardona appeals his conviction of first degree burglary (Pen. Code, §§ 459, 460), contending he is guilty only of second degree burglary as the house he entered was not inhabited at the time.

On September 12, 1981, Keith Fuller and his family moved out of the house they rented on Jefferson Street in Carlsbad. The Fullers spent the night of September 12 in their new home in Oceanside. They did not intend ever to spend another night at the Jefferson Street house. They, however, had paid rent on the house through September 15 and, as of September 13, had not…