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6B Wednesday, Aug. 17, 2011
Bulletin, Progressive, Record, Reporter
So you thin00', you know ab(,ut burglary?
mm
LEGAL MUSINGS
STEVE BRENNEMAN
steve@schoolpathways.com
Jessica lived in a small,
ranch-style home on the west
side of town with two room-
mates, Erin and Rachel. On
Saturday, April 17, Jessica was
home alone, her roommates
having departed for a weekend
in Vegas to blow some over-
time cash they'd earned in a
local accounting office during
the weeks leading up to Tax
Day. Jessica was supposed to
go with them but changed her
mind at the last minute.
Jessica went to sleep that
evening around midnight,
after a few glasses of cabernet
and a long and tearful tele-
phone call with her mother
about the family poodle that
recently gave up the ghost.
At approximately 2:15 a.m.,
three young men entered the
home through a sliding glass
door they'd managed to pry
open. The first to enter,
Duane, had been dating
Rachel on and off and knew
where she lived. He also
knew she and her roommates
were supposed to be away
that weekend.
Duane was followed by
Jerome, a close friend who
recently lost his job at the
Department of Fair Employ-
ment and Housing after miss-
ing work four days straight
without explanation and
sleeping on the job.
The last to enter was
Hewey, another longtime
friend of Duane who had
been in and out of Juvenile
Hall since the age of 12 for
various petty crimes.
This was not Duane's first
time around the block, and
he knew things don't always
go as planned. Therefore,
he made sure each of the
intruders wore ski masks
and gloves and both he and
Hewey were armed.
Although Jessica was
normally a light sleeper, the
wine had taken its effect. She
Was not aware of the break-in
until Hewey walked into her
bedroom and turned on the
light. Groggy and disoriented,
Jessica just stared at Hewey
until she realized what was
happening and that Hewey
was pointing a gun at her and
calling the others into the
room.
Duane directed Hewey to
remain with Jessica while
the others ransacked the
house and gathered various
items to steal. In all, they
grabbed stereo equipment,
two flat-screen televisions,
items of clothing, jewelry and
a couple of watches.
Jessicl was lucky on this
occasion. Under other cir-
cumstances, she might also
have been the victim of a
sexual assault. But Duane
and the others departed with-
out harming her, although
they did threaten to return
and kill her, her family and
everyone she had ever known
since kindergarten if she
reported the break-in to the
police.
Inspector Clouseau once
said: "There's a time to laugh
and a time not to laugh, and
this is not one of them." Yet
even the bungling Clouseau
would recognize the foregoing
as a classic case of burglary.
Obviously, however, I made
the whole thing up. I mean,
come on, no state worker
would ever get fired just for
failing to show up for work or
sleeping on the job.
Traditionally, burglary has
been defined as breaking into
a structure with the intent to
commit a felony therein. The
three intruders broke into
Jessica's residence with a
pry bar for the purpose of
stealing property.
But the structure need not
be a residence, or even a
structure. Breaking into a
vehicle with intent to commit
a felony thei'ein is also a
burglary.
And, in California, there
need not even be a break-in.
California Penal Code section
459 says: "Every person who
enters any house, (etc.)...
with intent to commit.., any
felony is guilty of burglary."
Under this definition, it is a
• burglary to walk into a Best
Buy during regular business
hours and buy a flat screen
TV valued at over $450 with a
bad check. It is also a bur-
glary to enter a bar with the
intent to assault somebody
you know is there drinking
with your girlfriend.
There is one exception.
One cannot be guilty of bur-
glarizing his own residence.
So, if your wife throws you
out for blowing your pay-
check gambling in Reno and
you break into the house late
at night to steal her piggy
bank, you haven't committed
a burglary. But you better
hope she doesn't have a gun.
Burglary is not the only
crime that is broader than
one might think. In People v.
Bell, the Court of Appeal in
Los Angeles recently upheld
a grand theft conviction of a
woman who failed to pay her
rent. In California, theft in-
volves taking property from
another with intent to de-
prive the owner permanently
of its possession. In other
words, it is not theft to borrow
property from another with
intent to return it.
In Bell, the court found a
theft even though the renter
clearly did not intend to de-
prive the landlord of perma-
nent possession of the resi-
dence. According to the
court, the defendant's intent
was to deprive the owner
permanently of the leasehold
value of the residence. In
other words, the monthly use
of the residence is a separate
unit of property. Who knew?
Does this mean if you
borrow another's car without
permission in order to run an
errand and you return the car
the next day, you have stolen
one day's use of the car? I
daresay Hertz would see it
that way.
In another receRt incident,
a Dunkin' Donuts employee
in New Hampshire has been
charged with assault for blow-
ing snot into a customer's
coffee before serving it. The
act was discovered because,
as it turned out, the customer
was a police officer who be-
came suspicious when the
employee went to the back of
the shop to make the coffee
rather thin1 use the equipment
in plain view. The officer
peeked at a store video moni-
tor and saw the employee
commit the adulteration.
But how is adding a disgust-
ing substance to another's
coffee an assault?
In light of the foregoing,
here's my advice to you: If
you lease a residence without
intending to pay the rent and
you later enter the residence
to prepare coffee with a
special additive to serve to
the cops who are scheduled to
arrive a few minutes later to
question you, expect a long
sentence.
QUINCY SUSANVILLE R ENO
P.O. Box 3556 608 Main Street 6190 Mae Anne Ave.
400 Wet Main Street Susanville, CA 96130 Suite #2
Quincy, CA 95971 530.257, 7291 Reno, NV 89523
530.283.1112
VJ Flanigan-Leavitt
ln,:.Jr}r'ce Aq:;r'c..:',/, hc.
< CALbense 0E05639
NV License 17793
Nakoma resort opens golf villas
After more than a year of of its Frank Lloyd Wright Resort is also home to the
effort and preparation by the
" team at Schomac Group Inc.,
the Nakoma Golf Resort has
announced the grand opening
inspired goif villas.
Located in the Gold Moun-
tain community just southeast
of Graeagle, the Nakoma Golf
Custom Designed to Meet Your Needs
GARAGE, SHOP, WAREHOUSE, MINI STORAGE,
HAY BARN, HORSE BARN, HANGAR
Now Offering Metal. Roofing, Remodeling & Restoration
Serving Lassen, Plumas and Sierra Counties
530.a20-M67
i
LIVING" TRU'ST SEMINAR
PLAN NOW INSTEAD OF THE COURT DECIDING LATER
challenging, but recently
tamed Dragon golf course.
The villas are grouped
among the pine trees along the
10th fairway and are available
in deluxe studio, two-story
one-bedroom, and single-story
two-bedroom models.
The villas are only steps
away from the 23,000-square-
foot Nakoma Clubhouse with
its views of granite peaks
and deep forest a'cross the
Dragon's No. 1 fairway.
Faithfully built from a 1924
design by Wright, this struc-
ture of stone, wood and copper
was slated to be a Madison,
Wis., clubhouse that he had
envisioned as a series of
teepee-inspired forms.
"'Wow' is the reoccurring '
comment from visitors des-
cribing the villas and property.
The excitement generated by
this project is unbelievable,"
said Jim Mitchell, general
manager of Nakoma Golf
Resort.
The , Wright-influenced
villas are being offered in a
fractional ownership pro-
gram. Fractional ownership
enables the purchase of a "fee
simple interest" in a specific
villa for the amount of time
that it is likely to be used by
an owner, rather than letting
the property sit vacant. It also
limits the fractional owner to
just a fraction of the operating
costs. For a 1.iqlted time,
fractional ownerships in the
villas are available at greatly
reduced prices. For example, a
one-twelfth interest (four
weeks per year ownership
for life) is priced from $31,800.
Financing is available.
COLONIAL LIFE
HELP! We are in desperate need for account openers in
your area! We have so much business we can't keep up
WILLS DO NOT AVOID PROBATE
We will explain how to transfer your HOME
to your family without probate fees!!!
QUINCY
Champion Pizza
60 E. Main Street
Wednesday, August 31 't
10 to 11 am
CHESTER
Best Western Rose Quartz Inn
306 Main Street
Wednesday, August 31 "t
1 to 2 pm
sUSANVILLE
Lassen Senior Services
1700 Sunkist Drive
Wednesday, August 31
4to 5pm
i
WHY IT'S RISKY TO USE NON-ATTORNEY, DO IT YOURSELF OR INTERNET TRUSTS
EVERY HOMEOWNER - SINGLE OR MARRIED - SHOULD ATTEND THIS SEMINAR
• Keep your affairs private and out of the courts
• Danger of Joint Tenancy
• How to reduce or eliminate estate taxes
• Guardianship issues for your children
• Provisions for your grandchildren
• . What happens without a Living Trust
Reservations Recommended
1-800-350-6376
Married coupl¢ encouraged to attend together
Presented by:
ALPHA OMEGA FAMILY SERVICES
Representing AmeriEstate Legal Plan. Inc
All new clients a provided with cotultations by an independent qualified attorn who will help you dctcnnuto tig Ist plan for your family.
An indvpendemt licensed Notary. Public, who may be a licked imurancc agent, will de, livvr your documcms whvn €ompleted.
Protectin America's Families and Homes from Beginning to End
Bring this flyer and receive $300 offyour Living Trust package at the Seminar.
and need to fill several positions NOW! We are seeking
energetic, motivated individuals to become members of
our sales and sales management team. It takes some
courage to go out on your own and test your
entrepreneurship. And it takes someone who wants to
grow to enjoy the rewards and independence that a
sales career can bring. Please call: 858-357-3910 or
email dela rose(coloniallife.¢om
Just in time for
Back to
School.
love the new
brands at
Ayoob's!
BILLABONG • NOR CAL
METAL MULISHA
O'NEILL • NIKE 6.0
Join us Thursday, Aug. 25 from
4.8pm for FRC Wow Nite.
We're having a masquerade theme night,
giving away beads and masks.
Live music by "Mista Unknown"
Aaron Montgomery. Food & drinks too!
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