In People v. Cardona (1983) 142 Cal. App. 3d 481, a burglary of a house took place on September 13, 1981. A family had moved out of the house and had spent the night of September 12 in their new residence. However, they had not completed moving their belongings from the house, and they had paid rent there until September 15. ( Id. at p. 482.) The court held defendant could not have been convicted of first degree burglary, because the house was no longer inhabited. The court stated the house became uninhabited when the tenants moved out, not intending to return there to live. ( Id. at p. 483.) Cardona held: "Because a burglary is of the first degree only if it is of an inhabited house at night, the crucial element in determining whether a house is being used for dwelling purposes is whether anyone sleeps in it ." (Ibid.)