People v. Salemme

In People v. Salemme (1992) 2 Cal.App.4th 775, the defendant entered the victim's home with the intent of selling the victim fraudulent securities and twice succeeded in convincing the victim to buy the securities. (Id. at p. 778.) The court held that a burglary conviction is proper in the unusual situation where the victim opens the door and invites a defendant who intends to commit theft by false pretenses into his or her home. "Since burglary is a breach of the occupant's possessory rights, a person who enters a structure enumerated in section 459 with the intent to commit a felony is guilty of burglary except when he or she (1) has an unconditional possessory right to enter as the occupant of that structure or (2) is invited in by the occupant who knows of and endorses the felonious intent." (Id. at p. 781.)