People v. Trevino

Filed 7/5/16

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B261916 (Super. Ct. No. 1441141) Plaintiff and Respondent, (Santa Barbara County)

v.

ANGEL ROBERT TREVINO,

Defendant and Appellant.

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

1 All further statutory references are to the Penal Code unless otherwise stated. 2 "A 'house car' is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached." (Veh. Code, § 362.) It is distinguishable from a "trailer coach," which is defined as "a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle." (Id., § 635.)

"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. Appellant kicked the door numerous times, causing severe damage. Appellant started to climb into the RV through an open window. Allen tried to push appellant out of the window, but appellant grasped Allen's arms and dug his fingernails into them. Appellant entered the RV, grabbed Linda by her clothing and pushed her down toward the floor. Linda stepped into a portable barbecue, where she lost her balance, and fell down. While Linda was on the floor, appellant kicked her in the shins. He then pulled her back up and hit her in the shoulders before driving away in the van. Coggins-Allen called 911. Paramedics took Linda to the hospital while Allen drove himself to the emergency room in the RV. Later, appellant also went to the hospital.