P. v. Rodgers
After a jury trial, defendant was found guilty of first degree residential burglary. (Pen. Code 459.) The jury also found that during the commission of the burglary, another person, other than an accomplice, was present in the residence. ( 667.5, subd. (c)(21).) Defendant was sentenced to two years in state prison. On appeal, defendant contends his conviction for first degree burglary must be reversed because there is insufficient evidence to support a finding that the structure he entered was an inhabited dwelling, due to the evidence that the victim was in the process of moving out of the home at the time of the burglary. Court direct the superior court clerk to correct the abstract of judgment to reflect that a jury found defendant violated section 667.5, subdivision (c)(21). (Cal. Rules of Court, rule 8.155(c)(1).)
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