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People v. Trevino

California Court of Appeals, Second District, Sixth Division

July 5, 2016

THE PEOPLE, Plaintiff and Respondent,
v.
ANGEL ROBERT TREVINO, Defendant and Appellant.

          Order Filed Date 7/12/16

         Superior Court County of Santa Barbara, No. 1441141, Jean M. Dandona, Judge.

          Christina Alvarez Barnes, under appointment by the Court of Appeal, for Defendant and Appellant.

          Kamala 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.

         ORDER MODIFYING OPINION

         THE COURT:

         It is ordered that the opinion filed herein on July 5, 2016, be modified as follows:

         On page 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).)"

         No change in judgment.

          PERREN, J.

         Angel Robert Trevino appeals his conviction by jury of first degree burglary of an inhabited recreational vehicle (RV). (Pen. Code, §§ 459, 460.)[1] 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, "[2] 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.

         FACTS AND PROCEDURAL BACKGROUND

         On 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.

         Appellant 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 shins.

         After 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 refused. ...


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