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People v. Elsey6/23/2000
er, the "boundary" approach, also called the "air space" test, recognized in People v. Wise (1994) 25 Cal.App.4th 339, 345, "examines whether the defendant crossed the boundary separating the interior air space of the building from the outdoors" for purposes of determining whether an entry has taken place under the burglary statute. (Ibid.) This appeal does not concern whether the defendant penetrated the outer boundary of a building for purposes of a burglary; he clearly did. Rather, it concerns whether separate entries into multiple, secured rooms with burglarous intent constitute more than one burglary.
We conclude that defendant's entry into separate rooms -- assigned to different people, locked to the outside, and largely located in different buildings on a school campus -- constituted separate burglaries within the meaning of section 459.
DISPOSITION
The judgment is affirmed.
We concur:
Sims , Acting P.J.
Callahan , J.
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