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Name: People v. Garrett
Case #: H021589
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/23/2001
Subsequent History: Review denied 1/29/02.

Appellant challenged the sufficiency of evidence that four of his five prior “strikes” were for burglaries of a residence, because he admitted only that he entered a “house,” not that any of the houses were currently used for dwelling purposes. The appellate court rejected the argument, finding that appellant’s admission of why he entered the houses (in order to steal) provided sufficient evidence from which a rational trier of fact could make an inference of residence.