P. v. Collins CA4/2
Defendant and appellant Arnold James Collins (defendant) appeals his conviction and 19-year sentence for first degree residential burglary under Penal Code section 459 on the contention that removing a window screen and unsuccessfully attempting to open a closed window does not constitute an entry for purposes of the statute. The Supreme Court case of People v. Valencia (2002) 28 Cal.4th 1 (Valencia), disapproved of on other grounds by People v. Yarbrough (2012) 54 Cal.4th 889, which is factually identical to this matter, holds just the opposite. For this reason, we affirm the judgment.
Comments on P. v. Collins CA4/2