P. v. Stephens

Filed 7/25/06 P. v. Stephens CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

After a jury trial, defendant Chad Stephens was convicted of first degree burglary, possession of burglary tools, and providing false identification to a police officer. On appeal, he contends that there was insufficient evidence to support the first degree burglary conviction because the residential parking garage where the burglary occurred was not an inhabited dwelling, and therefore the charge should be reduced to second degree burglary. We affirm the judgment.

I. BACKGROUND

Defendant was charged by information with the following offenses: first degree burglary (Pen. Code,^[1] § 459; count I), possession of burglary tools (§ 466; count II), and providing false identification to a police officer (§ 148.9, subd. (a); count III). The information also alleged a prior prison term (§ 667.5, subd. (b)).

On January 31, 2005, defendant entered the Village at Petrini Place condominium complex in San Francisco. The complex consists of an Albertson's market, 134 condominiums, five stores, and a parking garage. The parking garage has three underground levels. The lowest parking garage level, level C, is divided between residential and commercial parking use. The next two levels below street level, levels A and B, are used only for residential parking. Albertson's market and other retail spaces are located on street level and there are three condominium levels located above street level.

Level C in the parking garage is accessed through a gate which is at the top of the ramp. On level C, the residential and commercial parking spaces are divided by a four-foot-tall cinder block wall, on top of which is a chain-link fence with barbed wire. The only way to access the residential parking on level C by car is through a wooden arm gate and an aluminum gate that are opened by a transponder issued only to residents of the condominiums. At the time of the offense, the metal gates could be pushed open by a person on foot to allow for a person to pass through the gates. Magnetic locks were later installed on the gates to prevent persons from pushing them open after hours. According to the property manager for the Village at Petrini Place, there were also incidents prior to the events on January 31, 2005, during which people going to a bar across the street attempted to push open the metal gates to access the parking garage for free. However, the property manager testified that he had never received a call from a resident to complain about finding a nonresident in the residential side of the parking garage on level C.

The residential and commercial parking areas are clearly labeled; there are signs on the aluminum gate that read: â€