The overarching issue is whether the second-degree burglary statue applies to Brenda Lee when she was found inside an abandoned apartment where she had no consent nor was she the tenant of the apartment. Upon being in the apartment Brenda Lee was in the process of removing the toilet, sink and bathtub. Brenda gained access to the apartment with the assistance of a crowbar to remove the hinges therefore removed the main entry door. The statue Cal. Crim. Code 905 states “ [a] person is guilty of burglary in the second degree when, with the intent to steal, he knowingly and unlawfully enters or remains in a dwelling.” In this case, it is likely that Brenda Lee is guilty of burglary in the second degree. The first issue under the statue is whether …show more content…
According to section 905 to “knowingly” enter or remain one must be aware or conscious. Meaning that to “know” you are entering or remaining, you are aware and conscious. Here, Brenda used a crowbar to enter the apartment “knowing” that she didn’t have a key to open the door without removing the hinges therefore required a tool to open the door. Thus, Brenda knew she entered the apartment. The next issue is whether Brenda unlawfully entered or remained. The definition of unlawfully according to section 905 is to have no consent or permission or right to enter. Here Brenda’s actions of tearing down the main entry door to the apartment from its hinge’s with a crowbar indicated an unlawful act to enter the apartment. Thus Brenda entered the apartment unlawfully. The next issue in question is, what is “a dwelling”? According to section 905 “a dwelling” is a building, which is usually occupied by a person lodging therein. Meaning that it must be a structure that is occupied. In the case of Brenda the structure has two apartments; one of which has been occupied for ten years. So, because the building is occupied by tenants and used as a lodge it must be a