Who wouldn’t want to take a ride on a high-powered buffing machine? School custodians, who get to use the buffing machine, have such an awesome job!
A young man in Florida might have been thinking exactly that as he broke into a Florida middle school on Labor Day Monday when the school was closed. The young man's goal apparently was to take the buffing machine for a ride, according to the Associated Press.
What might have begun as fun didn't remain fun for long. When he tried to use the school’s elevator to take the buffing machine to another floor, he found himself stuck.
The young man called 9-1-1 to get help out of the elevator. When he was found, the young man was wearing a jacket that did not belong to him. The man was promptly arrested for burglary, theft and criminal mischief.
In California, burglary is found in Penal Code section 459. Burglary has two elements: (1) unlawful entry; accompanied by (2) the intent to commit theft (either felony or misdemeanor) or any other felony. (§§ 459, 490a; People v. Montoya (1994) 7 Cal.4th 1027, 1041 & fn. 8 (Montoya)) The intent to commit the underlying theft or felony must exist at the time of entry. (People v. Holt (1997) 15 Cal.4th 619, 699.)
Here, the young man’s defense attorney could argue that he had no intention of committing the theft of the jacket until after he entered the school building and saw it there.
But, the prosecution could still argue that upon entering the building, the young man intended to commit criminal mischief with the buffing machine. Because intent is rarely susceptible of direct proof, it may be inferred from all the facts and circumstances disclosed by the evidence. (People v. Matson (1974) 13 Cal.3d 35, 41.) "[I]n showing that a defendant entered the premises with felonious intent, the [prosecution] can rely upon reasonable inferences drawn 'from all of the facts and circumstances disclosed by the evidence,' since felonious intent is rarely proven through direct evidence. [Citation.]" (In re Anthony M. (1981) 116 Cal.App.3d 491, 501.) "Burglarious intent can reasonably be inferred from an unlawful entry alone. [Citation.] (People v. Jordan (1962) 204 Cal.App.2d 782, 786-787.)
Because the school is a building, not a residence, this would be charged as a second degree burglary. Second degree burglary is also known as commercial burglary and can be charged by the prosecutor as either a felony or a misdemeanor. Misdemeanor commercial burglary has a penalty of up to one year in county jail. Felony commercial burglary has a penalty of 16 months, 2 years, or 3 years in county jail under California’s new AB109 sentencing guidelines. At sentencing, for many cases, a judge also has discretion to place a person convicted of second degree burglary on probation.
Theft of the jacket in California would likely be charged as a petty theft because the jacket’s fair market value is under $950. Petty theft under Penal Code section 484, subdivision (a), is a misdemeanor that carries a potential penalty of a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both. (Pen.,Code, § 490.)
Criminal mischief is called vandalism in California (Pen. Code, § 594) and can be charged as a felony or a misdemeanor depending on the amount of damage caused. Damage of under $400 would be a misdemeanor but damage of $400 or more would likely be charged as a felony.
Copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
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