CONSPIRE TO COMMIT A CRIME CA TRIAL

The trial court, however, in the eyes of Fifth Appellate District, was also “acting stupid.” In People v. Chavez then apologized to the police, saying he was “acting stupid.”

Phillips then explained that he and Chavez had an agreement that Phillips would go into the yard and obtain some gasoline. Police called the salvage yard owner, who said Phillips did not have permission to be on the property. The cans were filled with gasoline and there was a siphoning hose nearby. They found three cans outside the entrance of the salvage yard. The officers thought this was unusual, so they stopped the car, suspecting some crime was afoot. When they arrived, they saw Phillips jumping back over the chain-link fence from inside the salvage yard and running into a car driven by Chavez. Police went to the salvage yard in the early morning hours of May 1, 2010. Phillips had gone into the auto yard to siphon gasoline out of wrecked cars, but Phillips never entered any building in the yard – he had just climbed over the fence and gone to several junked cars to siphon out gasoline. The conspiracy to commit burglary was based upon the entry of Jeremiah Phillips, Chavez’s co-conspirator, over a fence into a salvage yard in Lemoore. Pablo Mendoza Chavez, a Kings County matter, Chavez was convicted of many offenses, including conspiracy to commit burglary. The following case illustrates how the appellate court reasoned under the facts, reversing a lower court conviction. The Point of This Article: Entry into a salvage yard by jumping over a fence is not burglary because it is not entry into a building, which burglary requires. Some may say that such liberal or loose definitions have led to convictions that were not legally correct or even intended by the legislators who originally defined burglary. The California Supreme Court has defined “building” broadly for purposes of burglary.

Conspire to commit a crime ca