Trial court’s conviction of defendant for first-degree residential burglary and related crimes is affirmed as there was no prejudicial error or any constitutional due process violation, and even assuming that defendant had a possessory interest in the apartment under the lease at the time of the charged crimes, this was not a complete defense to the burglary charge because there was substantial evidence he had moved out of the apartment prior to the crimes and therefore no longer had an unconditional possessory interest in the apartment unit.   

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Appellate Information

Filed December 21, 2009

Judges

Opinion by Judge Gaut

CounselFor Appellant:   Helen S. Irza

For Appellee:   Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez and Lynne G. McGinnis, Deputy Attorneys General

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