People v. Clair

4 Citing cases

  1. People v. Garcia

    62 Cal.4th 1116 (Cal. 2016)   Cited 40 times
    Reversing burglary conviction unsupported by substantial evidence in the record—without requiring any showing of prejudice

    Although section 459 unquestionably departs in certain respects from the definition of burglary that prevailed in Blackstone's day—i.e., the unlawful breaking and entering of a dwelling at nighttime with the intent to commit a felony therein (4 Blackstone, at p. 224)—there is no evidence that the Legislature, either in enacting section 459 or in amending its predecessor statute in 1858 to add the word “room,” intended to depart from the common law by separately punishing both a burglar's initial entry into a building and each subsequent movement between interior rooms. (See People v. St. Clair (1869) 38 Cal. 137, 138; People v. Stickman (1867) 34 Cal. 242, 244–245.) The People's contrary position would produce rather surprising results.

  2. Aaron v. Gastelo

    Case No. 20-cv-01752-BLF (N.D. Cal. Jan. 7, 2021)

    It is inhabited by numerous people; the only difference is that hotel "tenants" change more frequently. Historically and traditionally, hotel rooms have been included within the definition of a dwelling house (Perkins, Criminal Law (3d ed. 1982) p. 257; see People v. St. Clair (1869) 38 Cal. 137, 138 [lodger's room in rented house]; People v. Fleetwood (1985) 171 Cal.App.3d 982, 986-988 [occupied hotel room is dwelling house for purposes of first degree robbery and burglary]), and even a hotel lobby has been considered part of an "inhabited dwelling house," making robbery of a hotel desk clerk a first degree robbery under section 212.5. (People v. Wilson (1989) 209 Cal.App.3d 451, 453.)The Ramada Inn laundry room is a locked facility where the employees go to do the hotel's laundry and cleaning tasks, like the "household chore[s]" in Woods.

  3. People v. Aaron

    A144909 (Cal. Ct. App. Sep. 10, 2018)

    It is inhabited by numerous people; the only difference is that hotel "tenants" change more frequently. Historically and traditionally, hotel rooms have been included within the definition of a dwelling house (Perkins, Criminal Law (3d ed. 1982) p. 257; see People v. St. Clair (1869) 38 Cal. 137, 138 [lodger's room in rented house]; People v. Fleetwood (1985) 171 Cal.App.3d 982, 986-988 [occupied hotel room is dwelling house for purposes of first degree robbery and burglary]), and even a hotel lobby has been considered part of an "inhabited dwelling house," making robbery of a hotel desk clerk a first degree robbery under section 212.5. (People v. Wilson (1989) 209 Cal.App.3d 451, 453.) The Ramada Inn laundry room is a locked facility where the employees go to do the hotel's laundry and cleaning tasks, like the "household chore[s]" in Woods.

  4. People v. Fleetwood

    171 Cal.App.3d 982 (Cal. Ct. App. 1985)   Cited 54 times
    Affirming burglary conviction for robbery that occurred in hotel room

    Apartments and hotel rooms may be the dwelling house of persons living in them. ( People v. St. Clair (1869) 38 Cal. 137.) The burglary statutes make no distinction between the character of a burglary of an "inhabited dwelling place" and of an "inhabited portion of any other building."