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People v. Salemme

California Courts of Appeal

3 Cal. Rptr.2d 398 (1992)

Facts

Salemme (defendant) twice entered William Zimmerman’s house with the intent to sell him fraudulent securities, and succeeded in convincing him to purchase the securities on both occasions. Salemme was charged with two counts of burglary. He moved to set aside the burglary counts, alleging that the evidence was insufficient to support the charges because the crime of burglary inherently protects only against violent crimes that arise from the intrusion. The trial court granted the motion, and the prosecution appealed.

Rule of Law

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Issue

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Holding and Reasoning (Phelan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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