California Court of Appeals, Second District, Sixth Division
modified July 12, 2016.
Superior Court County of Santa Barbara, No. B261916, Jean M.
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, Assistant
Attorney General, William H. Shin and Peggy Z. Huang, Deputy
Attorneys General, for Plaintiff and Respondent.
by Perren, J., with Gilbert, P. J., and Yegan, J.,
Cal.Rptr.3d 910] PERREN, J.
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
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