FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 7 - CHAPTER 77
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77 Table of Contents
77.8 Shooting At Dwelling Or Vehicle
77.8.2 Shooting At Dwelling Or Vehicle: Miscellaneous Issues
77.8.2.1 Shooting At Occupied Dwelling/Vehicle [Reserved]
77.8.2.2 Shooting At An Inhabited Dwelling: Temporarily Absent Occupant Must Intend To Continue Living In The Dwelling
77.8.2.3 Shooting At Inhabited Dwelling: Auxiliary Structures
77.8.2.4 Definition Of Inhabited Dwelling: Multiple Rooms
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 7 - CHAPTER 77
77.8.2.1 Shooting At Occupied Dwelling/Vehicle [Reserved]
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 7 - CHAPTER 77
77.8.2.2 Shooting At An Inhabited Dwelling: Temporarily Absent Occupant Must Intend To Continue Living In The Dwelling
See FORECITE National™ 78.3.2.1 [Dwelling Is Not Inhabited If Residents Have Moved Out With No Intent To Return].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 7 - CHAPTER 77
77.8.2.3 Shooting At Inhabited Dwelling: Auxiliary Structures
PRACTICE NOTE: The meaning of "inhabited" may be extended to auxiliary structures or areas. (See People v. Hines (CA 1989) 210 CA3d 945, 949-50 [259 CR 128] [guest house 200 yards from primary residence is "inhabited" for purpose of burglary statute]; People v. Wilson (CA 1989) 209 CA3d 451, 453 [256 CR 808] [hotel lobby is "inhabited dwelling house" for purpose of robbery statute].)
RESEARCH NOTES:
See generally, FORECITE National™ 305.1.15 [Assault].
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 7 - CHAPTER 77
77.8.2.4 Shooting At Inhabited Dwelling: Multiple Rooms
PRACTICE NOTE: There may be "more than one dwelling under the same roof." (People v. Fleetwood (CA 1985) 171 CA3d 982, 987 [217 CR 612] [separate rooms within a hotel]; see also People v. O'Keefe (CA 1990) 222 CA3d 517, 521 [271 CR 769] [separate rooms in a dormitory]; see also FORECITE National™ 78.2.2 [Challenge To Multiple Burglary Counts Based On Entry Of Multiple Rooms In A Single Structure].)
RESEARCH NOTES:
See generally, FORECITE National™ 305.1.15 [Assault].