Under Penal Code § 460, every burglary of an inhabited dwelling is first degree burglary. Burglary of a structure that is not an “inhabited dwelling house” is second degree burglary.

On June 27, 2010, realtor Janice Konkol was conducting an open house of a home in Irvine. Rodney Little and his girlfriend walked into the house. Little’s girlfriend engaged the realtor in conversation while Little took the realtor’s wallet, with credit cards, from her purse. Little and his girlfriend then left the open house and Little used the credit card a short while later.

The realtor then noticed her wallet was missing, called the police and Little was arrested.

Little was then charged with and convicted of first degree residential burglary (Penal Code §§ 459 and 460) and fraudulent use of an access card (Penal Code § 484 g). Due to prior convictions and other sentencing enhancements, Little was sentenced to 21 years, four months in state prison.