People v. Valencia

Opinion

GEORGE, C. J.

Under California law, the crime of burglary is committed when a person “enters any . . . building,” including a “house,” “with intent to commit. . . larceny or any felony.” (Pen. Code,1 § 459, italics added; see § 460.)

We granted review to determine whether penetration into the area behind a window screen amounts to an entry of a building within the meaning of the *4burglary statute when the window itself is closed and is not penetrated. As we shall explain, we conclude that it does. Accordingly, we reverse the judgment of the Court of Appeal, which held to the contrary.

I

The…