Christopher Magness, Petitioner v. the Superior Court of Sacramento County, Respondent; the People, Real Party In…

Summary

The court held that a person standing outside a residence who uses a remote control to open a motorized garage door has not entered the residence for purposes of completed burglary. California's burglary statute requires a physical entry in which something outside penetrates the building's outer boundary; opening the garage door alone does not satisfy that requirement. The conduct may support a charge of attempted burglary, but not completed burglary.