PEOPLE v. SMITH Part II
Where defendant's spouse was awarded sole possession of the family home and a temporary restraining order against defendant because of his acts of violence toward her, so that even though defendant had a possessory interest in the home, he did not possess the right to enter as an occupant when the spouse was present, defendant could be found guilty of burglarizing the home. There was sufficient evidence to support jury's true findings of allegations that defendant was out on bail on a felony offense at the time of the commission of charged offenses where, although there was no explicit testimony that defendant was arrested for a felony following the previous incident, and the prosecution did not introduce documentary evidence concerning defendant's release on bail following the arrest, substantial evidence supported a finding that defendant was initially charged with a felony concerning the previous incident and therefore had been released on bail on a felony charge.
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