People v. Villalobos
| Decision Date | 30 November 2006 |
| Docket Number | No. E038143.,E038143. |
| Citation | 51 Cal.Rptr.3d 678,145 Cal.App.4th 310 |
| Court | California Court of Appeals Court of Appeals |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Brandon VILLALOBOS et al., Defendants and Appellants. |
Defendants appeal their convictions for first degree robbery and burglary, as well as an enhancement imposed for commission of a home invasion robbery committed in association with, for the benefit of or at the direction of a criminal street gang. They contend that an occupied motel room, such as that where these crimes took place, is not an "inhabited dwelling house" within the meaning of the relevant statutes, if the room is rented only for one night.
Burglary is historically a crime against habitation. In most instances, a hotel or motel room is rented for purposes of habitation, albeit on a temporary basis. We will therefore hold that a hotel or motel room which is currently rented as a temporary habitation is an inhabited dwelling for purposes of first degree robbery and burglary, regardless of the length of time for which the room is rented.
Brandon Villalobos and Bernadette Maria Osika (hereafter referred to either by their respective last names or collectively as defendants) were tried jointly but to separate juries on charges arising from an incident at the Peppertree Motel in Ontario. Both defendants were convicted of first degree burglary of an inhabited dwelling house with a person present (Pen. Code, §§ 459, 460, 667.5, subd. (c)); false imprisonment of a person by violence (Pen. Code, § 236); first degree robbery in concert with other persons in an inhabited dwelling house (Pen.Code, §§ 211, 212.5, subd. (a), 213, subd. (a)(1)(A)); and unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)). Villalobos's jury found criminal street gang allegations pursuant to Penal Code section 186.22, subdivision (b)(1), to be true as to the burglary, robbery and false imprisonment counts but untrue as to the offense of unlawful taking or driving of a vehicle. Osika's jury found the criminal street gang enhancements true as to all four counts. Villalobos's jury also found true the allegation that Villalobos personally used a dangerous or deadly weapon in the commission of burglary, robbery and false imprisonment. (Pen. Code, § 12022, subd. (b)(1).) Both juries returned true findings on allegations that the robbery was a home invasion robbery within the meaning of Penal Code section 186.22, subdivision (b)(4)(B). The court granted a defense motion pursuant to Penal Code section 1118.1 to dismiss a carjacking count as to both defendants.1
Section 186.22, subdivision (b)(4)(B) provides for imposition of a term of 15 years to life upon conviction of a home invasion robbery committed for the benefit of, at the direction of, or in association with a criminal street gang. Accordingly, the trial court sentenced Villalobos to 16 years to life in prison (15 years to life, plus one year for the personal use enhancement) and sentenced Osika to 15 years to life in prison.
Each defendant filed a timely notice of appeal.
On the evening of November 7, 2004, Roy Anthony Miller rented a room at the Peppertree Motel in Ontario. Miller was alone in the motel room for an hour or two, using methamphetamine and awaiting the arrival of Jeanette Howard, a female acquaintance with whom he was planning to "party" in the motel room that night. About 8:00 p.m., Miller answered a call on his cell phone from defendant Osika. Osika wanted to get high and "smoke a bowl" with Miller. Miller was acquainted with Osika but did not want to have her come over because he was anticipating having sex with Howard. However, after a three-way phone call among Howard, Osika and Miller, Miller agreed that Osika could come and smoke some methamphetamine with him.
About five minutes after Osika's arrival, Miller heard a knock on the motel room's door. Miller looked out the peephole, but did not see anyone. He then looked out the window and saw defendant Villalobos and another man standing to the side of the window. He had seen Villalobos before but did not know who he was. He told Osika that he did not know them and was not opening the door. Osika looked out the window and said, "Oh, that's my boyfriend." Osika opened the door and walked out of the motel room as Villalobos and the other man entered.
Villalobos and the other man told Miller that they were going to rob him. The two men pointed knives at Miller and ordered him to the floor, but allowed him to he on the bed instead. Villalobos searched Miller and removed $500-$700, a wallet and change from his pockets, and took his watch and a necklace. Meanwhile, the other man removed Miller's cell phone, pager, some tools, writing materials, methamphetamine, and a smoking bowl from the table. Villalobos and the other man then left with Miller's money, cell phone and methamphetamine. They did not take his wallet. During the incident Miller felt that he was being held captive. At some point, one of the two men hit Miller in the temple.
After the two men left the motel room, Miller went outside and saw Villalobos drive away with the other man in a white Ford F-150 pickup truck. Miller noticed that his own car was missing from where it had been parked outside. He went back inside the motel room to look for his car keys and noticed that they were missing from the table.
Miller did not call the police immediately. He first called Howard and told her that his money, drugs and car had been stolen. He was very upset and believed that Osika had taken his car. He told Howard that she had better find his car and other property, or he would call the police. Howard told him that she and her son would try to recover the car. Howard's home in Ontario was known as a "drug house," and she was acquainted with both Villalobos and Osika. She did not want Miller to call the police because she was afraid he would implicate her house. A short while later, Miller did call the police and reported the crimes. Early the following morning, a highway patrol officer found Miller's car parked near Villalobos's home in Fontana.
Villalobos was an admitted member of Ontario Varrio Sur (OVS), a criminal street gang. OVS's territory included the location of the Peppertree Motel. Osika was not a member of OVS. Gang experts opined that the crimes were committed for the benefit of OVS.
Section 460 provides: "Every burglary of an inhabited dwelling house ... or the inhabited portion of any other building, is burglary of the first degree." Section 212.5 provides that "every robbery which is perpetrated in an inhabited dwelling house ... or the inhabited portion of any other building is robbery of the first degree." Section 459 provides that "`inhabited' means currently being used for dwelling purposes, whether occupied or not." The terms "inhabited dwelling house" or "inhabited portion of any other building" have the same meaning in both the robbery and burglary statutes.2 (People v. Fleetwood (1985) 171 Cal.App.3d 982, 987-988, 217 Cal.Rptr. 612.)
In this case, the court instructed the jury that "An occupied motel room is an inhabited dwelling house within the meaning of [the] definition [of first degree burglary]." It gave the same instruction with respect to robbery. Defendants contend that by doing so, the trial court violated their due process right to have the jury determine every element of the charged offenses. They argue that the error was not harmless beyond a reasonable doubt. (See People v. Flood (1998) 18 Cal.4th 470, 502-503, 76 Cal.Rptr.2d 180, 957 P.2d 869 [].) They contend that a motel room which is rented only for one night is not an inhabited dwelling as a matter of law because the law recognizes as an inhabited dwelling only a place the victim views as his actual "place of abode" and where he intends to return.3
The Attorney General concedes that the trial court erred by directing the verdict as to the degree of the burglary and robbery, but contends that the error was harmless because it is well established that an "occupied" hotel or motel room is an inhabited dwelling.4 As discussed above, there is no distinction between individual dwellings and "the inhabited portion of other buildings, such as hotels" as those terms are used in the statutes defining first degree burglary and first degree robbery. (People v. O'Bryan, supra, 37 Cal.3d at p. 844, 210 Cal.Rptr. 450, 694 P.2d 135; accord, People v. Fleetwood supra, 171 Cal.App.3d at pp. 987-988, 217 Cal.Rptr. 612.) Thus, a motel or hotel room may be the site of a residential first degree robbery or burglary. However, like any other dwelling, a hotel room must be "inhabited" in order for the first degree robbery and burglary statutes to apply. (§§ 213, 456, 460.) The issue before us is whether a motel room which is rented on a transient or temporary basis is "inhabited" within the meaning of those statutes. We have found no California cases which directly address that question.
The fundamental task of statutory construction is to ascertain the intent of the lawmakers so as to effectuate the purpose of the law. (People v....
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