Inhabited Dwelling Burglary California

By statute, "every burglary of an inhabited dwelling house, . . . or the inhabited portion of any other building, is burglary of the first degree." ( 460, subd. (a).) "All other kinds of burglary are of the second degree." (Id., subd. (b).) The term "inhabited" is statutorily defined as "currently being used for dwelling purposes, whether occupied or not." ( 459.) Courts have construed the terms "residence" and "inhabited dwelling house" to have equivalent meanings. (People v. Thomas (1991) 235 Cal. App. 3d 899, 907 1 Cal. Rptr. 2d 434; In re Andrew I. (1991) 230 Cal. App. 3d 572, 582 281 Cal. Rptr. 570.) In determining whether a structure is part of an inhabited dwelling, the essential inquiry is whether the structure is "functionally interconnected with and immediately contiguous to other portions of the house." ( People v. Ingram (1995) 40 Cal. App. 4th 1397, 1404 48 Cal. Rptr. 2d 256, disapproved on another ground in People v. Dotson (1997) 16 Cal. 4th 547, 559 66 Cal. Rptr. 2d 423, 941 P.2d 56.) "Functionally interconnected" means used in related or complementary ways. "Contiguous" means adjacent, adjoining, nearby or close. (See Webster's New Internat. Dict. (3d ed. 1986) p. 492 "Adjacent . . . next or adjoining with nothing similar intervening . . . not distant . . . touching or connected throughout"; see also Black's Law Dict. (6th ed. 1990) p. 320, col. 2 "in close proximity; neighboring; adjoining; . . . in actual close contact".)