People v. Fond

Opinion

GILBERT, Acting P. J .

Here we hold, among other things, that a hospital room in a locked psychiatric hospital is an inhabited dwelling for the purpose of first degree burglary.

Philip Fond was convicted after a jury trial on one count of misdemeanor indecent exposure (Pen. Code, § 314, subd. I); 1 one count of forcible rape (§ 261, subd. (a)(2)); and one count of residential burglary (§ 459). The jury also found true that Fond committed the rape during the commission of a first degree burglary (§ 667.61).

The trial court sentenced Fond to 15 years to life for rape. The court found the…