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What code are 459-460(b) PC and 466 PC violations of? I am filling out a petition for dismissal and am confused.

Anaheim, CA |

My paperwork asks "On (date) the defendent in the above-entitled criminal action was convicted of a violation of section(s) 459-460(b) PC and 466 PC of the _________ Code."

Can someone tell me what code those sections violate? Thanks in advance for your help.

Attorney Answers 2

Posted

Second degree burglary and possession of a tool used for the purpose of breaking and entering into a building. I have pasted the code sections into the answer

459. Every person who enters any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other
building, tent, vessel, as defined in Section 21 of the Harbors and
Navigation Code, floating home, as defined in subdivision (d) of
Section 18075.55 of the Health and Safety Code, railroad car, locked
or sealed cargo container, whether or not mounted on a vehicle,
trailer coach, as defined in Section 635 of the Vehicle Code, any
house car, as defined in Section 362 of the Vehicle Code, inhabited
camper, as defined in Section 243 of the Vehicle Code, vehicle as
defined by the Vehicle Code, when the doors are locked, aircraft as
defined by Section 21012 of the Public Utilities Code, or mine or any
underground portion thereof, with intent to commit grand or petit
larceny or any felony is guilty of burglary. As used in this
chapter, "inhabited" means currently being used for dwelling
purposes, whether occupied or not. A house, trailer, vessel designed
for habitation, or portion of a building is currently being used for
dwelling purposes if, at the time of the burglary, it was not
occupied solely because a natural or other disaster caused the
occupants to leave the premises.

460. (a) Every burglary of an inhabited dwelling house, vessel, as
defined in the Harbors and Navigation Code, which is inhabited and
designed for habitation, floating home, as defined in subdivision (d)
of Section 18075.55 of the Health and Safety Code, or trailer coach,
as defined by the Vehicle Code, or the inhabited portion of any
other building, is burglary of the first degree.
(b) All other kinds of burglary are of the second degree.
(c) This section shall not be construed to supersede or affect
Section 464 of the Penal Code.

466. Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
tubular lock pick, bump key, floor-safe door puller, master key,
ceramic or porcelain spark plug chips or pieces, or other instrument
or tool with intent feloniously to break or enter into any building,
railroad car, aircraft, or vessel, trailer coach, or vehicle as
defined in the Vehicle Code, or who shall knowingly make or alter, or
shall attempt to make or alter, any key or other instrument named
above so that the same will fit or open the lock of a building,
railroad car, aircraft, vessel, trailer coach, or vehicle as defined
in the Vehicle Code, without being requested to do so by some person
having the right to open the same, or who shall make, alter, or
repair any instrument or thing, knowing or having reason to believe
that it is intended to be used in committing a misdemeanor or felony,
is guilty of a misdemeanor. Any of the structures mentioned in
Section 459 shall be deemed to be a building within the meaning of
this section.

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Posted

The other answer quotes the statutes correctly.

If you were convicted of a felony 459, I would just add that you should also ask to have the conviction reduced to a misdemeanor. There is a checkbox on the form for the Penal Code §1203.4 dismissal.

Reducing a felony to a misdemeanor has more benefits that the dismissal.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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