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Name: People v. Gill
Case #: C051108
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/22/2008

There was sufficient evidence of burglary where a husband entered a home he previously moved out of with the intent to assault his wife. Gill and his wife were having marital problems, and the wife told him to leave the house. Gill left, but returned to break into the house and threaten, assault, sexually abuse, and kidnap his wife. Gill was convicted of numerous felonies, including burglary. On appeal, he contended that a man who breaks into his family home after a marital fight is not guilty of residential burglary. The appellate court disagreed, and affirmed the burglary conviction. The entry into the home need not constitute a trespass. Since Gill had moved out of the home three weeks prior to the offense, he could claim no right to enter the residence of another without permission. Further, even if he could properly enter the house with a lawful purpose, the entry is still burglary as it was accomplished with the intent to commit a felonious assault.