People v. Sparks

Opinion

GEORGE, C. J.

Section 459 of the Penal Code 1 provides, in part, that one who “enters any house, room, apartment, . . . store, ... or other building . . . with intent to commit. . . larceny or any felony is guilty of burglary.” (Italics added.) We granted review to address a conflict in Court of Appeal decisions concerning whether a defendant’s entry into a bedroom within a single-family house with the requisite intent can support a burglary conviction if that intent was formed only after the defendant’s entry into the house. We conclude that such an entry can support a burglary…