California Court of Appeals, Second District, Sixth Division
Filed Date 7/12/16
Court County of Santa Barbara, No. 1441141, Jean M. Dandona,
Christina Alvarez Barnes, under appointment by the Court of
Appeal, for Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Lance E. Winters, Senior
Assistant Attorney General, William H. Shin, Deputy Attorney
General, and Peggy Z. Huang, Deputy Attorney General, for
Plaintiff and Respondent.
ordered that the opinion filed herein on July 5, 2016, be
modified as follows:
6, footnote 6, the third sentence is modified to state:
"(See Former Cal. Rules of Court, rule
8.1105(e)(1).)" instead of "(See Cal. Rules of
Court, rules 8.1105(e)(1), 8.1115(a).)"
change in judgment.
Robert Trevino appeals his conviction by jury of first degree
burglary of an inhabited recreational vehicle (RV). (Pen.
Code, §§ 459, 460.) Section 460, subdivision
(a) categorizes burglary as first degree if it is of "an
inhabited dwelling house, vessel..., floating home..., or
trailer coach..., or the inhabited portion of any other
building...." Appellant contends that because an RV,
statutorily referred to as a "house car,
" is not specifically included in
section 460, subdivision (a), his first degree burglary
conviction cannot stand. We conclude that the absence of the
words "recreational vehicle" or "house
car" from section 460, subdivision (a) is not
determinative, and that the phrase "inhabited dwelling
house, " as used in that subdivision, includes an
inhabited RV. Accordingly, we affirm.
AND PROCEDURAL BACKGROUND
August 29, 2013, Cathy Coggins-Allen and her husband, Mike
Allen, had dinner at a restaurant with appellant and his
wife, Linda Trevino (Linda). Allen and appellant drank
alcohol. After dinner, appellant drove Coggins-Allen and
Allen to the RV where the couple had been living for several
years. The RV has a truck-style cab with doors and is
described as C-style, with a bed over the cab.
parked his van in front of the RV. Around 2:15 a.m.,
appellant woke up Allen and Coggins-Allen and asked for a
cigarette. He appeared intoxicated and distraught. A short
while later, Coggins-Allen heard appellant arguing with
Linda. Appellant then drove away in the van. When he
returned, he started punching Linda and kicking her in the
appellant drove away again, Coggins-Allen invited Linda into
their RV. Appellant subsequently returned, pounded on the
RV's side door and demanded that Linda come out. Linda