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Magness v. Superior Court

278 P.3d 259 (2012)

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Magness v. Superior Court

California Supreme Court
278 P.3d 259 (2012)

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Facts

One evening, homeowner Timothy Loop was in his house when he heard his garage door opening. He looked outside and saw Christopher Magness (defendant) standing near the end of Loop’s driveway. Magness ran, and Loop chased him until Magness ran into a nearby home. Loop called police, who arrested Magness, and Magness was charged with attempted burglary and burglary of a home. During the investigation, police found Loop’s garage-door remote control on the end of his driveway near where Magness had been standing. Loop stated that he had locked the opener in his car, which was parked outside his house, and police also found that the car-window seal had been peeled back and the window had been pushed down a few inches, suggesting that Magness broke into the car to get the opener. Before trial, Magness asked the magistrate to reduce the charge to attempted burglary because he did not actually enter Loop’s home and complete a burglary. The magistrate refused, ruling that opening the garage door constituted an entry. Magness filed a writ of prohibition seeking to overturn the magistrate’s ruling, and the court of appeals agreed with Magness. The prosecution filed a petition to the California Supreme Court seeking further review.

Rule of Law

Issue

Holding and Reasoning (Liu, J.)

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