In San Diego County, a juvenile (“M.A.”) entered a house with the owner’s permission without any intent to commit a felony therein. While inside, he learned that there were guns in a closet and then decided to steal then. The closet was three feet by four feet and in the home’s entry way, but not in the home’s interior.

Without the owner’s permission, M.A. then took the guns from the closet. He was later arrested and a juvenile petition was filed against him.

The juvenile court made a true finding on the petition that M.A. committed first degree residential burglary (Penal Code §§ 459 and 460) and grand theft of a firearm (Penal Code § 487(d)).

M.A. appealed the judgment, arguing that the evidence was insufficient, as a matter of law, to support a true finding that he committed first degree residential burglary. His argument was that he did not enter the type of structure or space required for the commission of a burglary