P. v. Rainey CA6
A jury convicted defendant Donald Scott Rainey of first degree burglary with another person present (Pen. Code, §§ 459, 667.5, subd. (c)(21)); theft from an elder (§ 368, subd. (d)); and embezzlement (§ 504a). Rainey contends on appeal that we must reverse his convictions because the offense of burglary does not extend to an entry with the intent to commit nonlarcenous theft, and because insufficient evidence supports all three counts. We reject Rainey’s interpretation of the burglary statute, and we conclude sufficient evidence supports his convictions for first degree burglary and theft from an elder.
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