People v. Harris

Opinion

MILLER, J.

A jury found defendant and appellant Robert Wayne Harris guilty of first degree burglary (Pen. Code, §§459, 460, subd. (a); count l) 1 with the enhancement that a person other than an accomplice was present in the residence (§667.5, subd. (c)(21)). 2 The special allegation rendered the burglary a violent felony. The trial court sentenced defendant to the middle term of four years in state prison.

Defendant concedes first degree burglary but contends that no other person was present because the unoccupied guest area he entered does not provide access to the occupied main…