People v. Staples case brief summary
6 Cal. App. 3D 61 (1970)
CASE FACTS
Defendant appealed his conviction for attempted burglary in violation of Cal. Penal Code §§ 664 and 459, arguing there was insufficient evidence supporting his conviction for criminal attempt under § 664. Defendant rented an office directly over a bank vault and began drilling from the office in an effort to reach the vault. When the landlord discovered the drilling, defendant was arrested and confessed that although he originally intended to break into the vault, he was having second thoughts by the time of arrest.
DISCUSSION
CONCLUSION
The court affirmed defendant's conviction because given defendant's confessed intent to burglarize the vault, his unequivocal act of drilling constituted direct movement towards the commission of the offense, and it was immaterial whether defendant was having second thoughts as he had already caused sufficient danger of harm and property damage.
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6 Cal. App. 3D 61 (1970)
CASE SYNOPSIS
Defendant appealed the judgment of the
Superior Court of Los Angeles County (California) convicting him of
attempted burglary in violation of Cal. Penal Code §§
664 and 459.CASE FACTS
Defendant appealed his conviction for attempted burglary in violation of Cal. Penal Code §§ 664 and 459, arguing there was insufficient evidence supporting his conviction for criminal attempt under § 664. Defendant rented an office directly over a bank vault and began drilling from the office in an effort to reach the vault. When the landlord discovered the drilling, defendant was arrested and confessed that although he originally intended to break into the vault, he was having second thoughts by the time of arrest.
DISCUSSION
- The court affirmed defendant's conviction, holding that given defendant's confessed intent to burglarize the vault, his unequivocal act of drilling constituted direct movement towards the commission of the offense rather than mere preparation.
- Furthermore, once the attempt was found, it was immaterial whether defendant was having second thoughts as he had already caused sufficient danger of harm and property damage.
CONCLUSION
The court affirmed defendant's conviction because given defendant's confessed intent to burglarize the vault, his unequivocal act of drilling constituted direct movement towards the commission of the offense, and it was immaterial whether defendant was having second thoughts as he had already caused sufficient danger of harm and property damage.
Recommended Supplements for Criminal Law
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