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Name: People v. Calderon
Case #: E041389
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/19/2007
Summary

Kicking in the door of a residence is sufficient entry to constitute burglary. Appellant and his companions went to the victim’s house one night to collect a debt that appellant believed the victim owed him. Hearing the sound of the door handle moving, the victim looked out and saw the three men and told them to leave as he was going to call the police. One of the men responded by kicking in the door. Relying on the analysis of “entry” provided by the California Supreme Court in People v. Davis (1998) 18 Cal.4th 712, the appellate court observed that kicking in the door to a home invades the possessory interests in the home and although the door did what it was designed to do, it was at the control of the invader and not the homeowner. As such, it constituted the requisite entry for burglary.