People v. Davis
California Supreme Court
18 Cal. 4th 712, 958 P.2d 1083 (1998)
- Written by Kelli Lanski, JD
Facts
Michael Wayne Davis (defendant) approached a walk-up service window of a check-cashing business and placed a check into a chute built into the window for the purpose of depositing checks. The teller on duty inside the building removed the check from the chute and reviewed it. The check was drawn on the account of Robert and Joan Tallman and payable in the amount of $274 to Mike Woody, an alias Davis sometimes used. The teller phoned Robert to verify the check, and Robert denied writing or authorizing it. The teller then called police, who arrested Davis. Davis was convicted of forgery, receiving stolen property, and burglary. He appealed, arguing that the burglary conviction should be reversed because he did not actually enter the check-cashing facility and burglary required entry into a building with intent to commit larceny or any felony. The appellate court affirmed the conviction, and Davis appealed.
Rule of Law
Issue
Holding and Reasoning (George, C.J.)
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