Jan Cooper, a 72-year old grandmother, shot at an intruder trying to break into her home on June 9, 2013. Fortunately, for the intruder, Brandon Perez, she missed. Perez is now being charged in Orange County Superior Court Case No. 13NF1847 with attempted first degree burglary, in violation of Penal Code section 664(a)-459-460(a). The 664(a) is the attempt part of the crime. Penal Code sections 459-460(a) describe first degree burglary. First degree burglary would normally carry a maximum penalty of six years state prison and is considered a strike offense. However, an attempted crime carries half the penalty of a completed crime, so the maximum for Mr. Perez would be three years state prison. However, attempted first degree burglary is also a strike.
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