Would-Be Casanova Arrested at San Mateo Bar for Burglary (CA Penal Code 459)

Last Modified: October 14, 2020
April 8, 2014 | Rabin Nabizadeh | Burglary, Theft

It was a normal Saturday night down at the Curry Up on South B Street in San Mateo and 22-year-old female bartender (name withheld in order to protect privacy) had no idea that accepting the phone number of a patron, 31-year-old man (name withheld in order to protect the privacy of the accused) of Burlingame, would later lead to his arrest.  The problem was that he didn’t just want a date, he allegedly wanted to commit robbery.

Not long after giving his number, he returned to the Indian restaurant and was caught stealing a television and some other electronic devices using the rear door as access.  Eyewitnesses, members of the Curry Up wait staff, realized that this was the same man who had tried to seduce her earlier with his charms.  So, what did local law enforcement officials do?  They decided to text him as the bartender and ask him out on the date he seemed to so desperately want.  When he showed up, they arrested him, having found the stolen merchandise in his residence.

(CA Penal Code 459) makes burglary illegal.  Here, ‘burglary’ is defined as gaining entrance illegally to any locked vehicle, building, or room with the purpose of stealing something inside.  In fact, you can be charged with burglary even if you did not force your way into the vehicle, building, etc.  If the burglary is committed in a residence, this is considered first degree burglary.  A conviction on first degree burglary charges could mean up to 6 years in state prison.  Second degree commercial burglary charges could end in two ways (wobbler).  If prosecuted as a misdemeanor, it could mean 1 year in county jail; if prosecuted as a felony, you could face up to 3 years in state prison.


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