People v. Rivas

Full title: THE PEOPLE, Plaintiff and Respondent, v. CESAR DANIEL RIVAS, Defendant and…

Court: California Court of Appeals, Second District, Sixth Division

Date published: Jan 14, 2008

No. B196566 (Cal. Ct. App. Jan. 14, 2008)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. CESAR DANIEL RIVAS, Defendant and Appellant. B196566 California Court of Appeal, Second District, Sixth Division January 14, 2008

NOT TO BE PUBLISHED

Super. Ct. No. BA307346

ORDER MODIFYING OPINION AND DENYING REHEARING.

THE COURT:

It is ordered that the opinion filed herein on December 26, 2007, be modified as follows:

1. On page 3, before the last sentence of paragraph 4, beginning with the words, "There is no reasonable probability," add the following text:

On rehearing, Rivas agues that without evidence of drug use or poverty, there is no evidence that he entered the house with the intent to steal. We still believe that even without any evidence of drug use or poverty, the result would be the same. Unlawful entry is alone sufficient to establish intent to commit burglary. (People v. Holley (1961) 194 Cal.App.2d 538, 540.)

There is no change in the judgment.

Appellant's petition for rehearing is denied.