People v. Debouver – 7/27/2016

People v. Debouver

No. B262455 (opn 7/27/2016, rhg den 8/17/2016)

Year: 2016
Facts: Error/Omission
Law: Error/Misstatement
Issues: Omission/Unbriefed
Court: 2d District, Div 6
Errors Found/Argued: Errors not found by another court

Summary: There are assorted factual and legal errors and misstatements, as well as mischaracterization of appellant’s claims, which are outlined in the rehearing petition.  The most glaring mischaracterization of an issue (or perhaps simply a legal error) is in arguments IV and V of the rehearing petition, where the DCA treated “inhabited dwelling” and “residence” as one and the same, despite clear recognition in case law, see especially Singleton, that they have materially different meanings.

Document links:
Appellant’s Opening Brief (PDF)
Appellant’s Reply Brief (PDF)
Court of Appeal Opinion (Google Scholar)
Court of Appeal Opinion (PDF)
Petition for Rehearing (PDF)