P v. Trevino (2nd Dist., Div.6) A Camper Truck (RV) Is a Dwelling House For Purposes Of The Burglary Statutes

Mr. Trevino got hammered and then became pissed with his girlfriend (against whom he was restrained via a court order).  Girlfriend took refuge inside a friend's camper truck.  Friend and Friend's husband had lived in their camper for years.  While Girlfriend, Friend, and Husband were sleeping inside the camper, Trevino, after an unsuccessful campaign to kick his way into the camper, wedged himself through a window.  Once inside the camper, he beat upon Girlfriend and Friend. 

For this, Trevino was tried and convicted of residential burglary.  He appealed.

The Second District affirms.

Trevino makes a textual argument; that the term "house car" is used in the statute defining burglary, but not used in the statute that delineates residential burglary (1st deg.) from second degree burglary.  The panel is not persuaded that the exclusion evinces a legislative intent for burglaries of "house cars" to constitute second degree burglaries.  Prior cases had held an inhabited tent to be an inhabited dwelling house for purposes of the burglary statutes, despite the same textual deficiency.  It is habitation that is key, according to the panel.

Just for fun, I looked up "dwelling-house" in Black's Law Dictionary.  

A building, a part of a building, a tent, a mobile home, or another enclosed space that is used or intended for use as a human habitation.  

It would appear the camper truck here would fall under this definition as well.