In Re Edwardo

82 Cal.Rptr.2d 765 (1999) 70 Cal.App.4th 591 In re EDWARDO V., a Person Coming Under the Juvenile Court Law.

The People, Plaintiff and Respondent,

v.

Edwardo V., Defendant and Appellant.

No. G021978. Court of Appeal, Fourth District. Division 3.

March 3, 1999. As Modified on Denial of Rehearing March 24, 1999. Review Denied June 16, 1999. Edward A. Hoffman, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Jeffrey J. Koch and Bradley A. Weinreb, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CROSBY, Acting P.J.

The juvenile court found Edwardo V. committed a first degree residential burglary. The minor contends the garage he burgled was not an inhabited dwelling within the meaning of Penal Code section 460. We disagree and affirm.

I

David Flournoy occupied one residence in a duplex in Newport Beach. The garage was located at the rear of the structure and [766] shared the roof and one wall with it. The tenants shared the garage, but neither had direct access to it from their respective dwellings. It could only be entered through the exterior door.

About 2:30 p.m. on June 18, 1997, Flournoy opened the garage door, but returned briefly to his home for a snack before leaving. He saw two males ride past on bicycles and minutes later heard a loud crash in the garage. He investigated and discovered three bicycles owned by his upstairs neighbors were missing. Two other bicycles were on the garage floor. Flournoy identified them as the ones he had just seen ridden past the duplex.

Later that afternoon a mail carrier saw two youths matching a police description of the suspects. Officers apprehended and detained the two individuals. Flournoy was transported to the scene and identified the minor, his companion, and the three missing bicycles in their possession.[1] No one in the duplex gave the minor permission to enter the garage or take the bicycles.