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Don Ceballos was convicted of assault with a deadly weapon for shooting a 16-year-old boy who was attempting to steal his musical equipment. The court rejected Ceballos' argument that his conduct was lawful as the victim was attempting to commit burglary. The court declined to adopt an exception that allows the use of deadly mechanical devices to protect one's property in criminal cases as it puts innocent lives at risk and does not provide a workable standard of conduct. The court concluded that the defendant was not justified in shooting the intruder to prevent burglary under Penal Code section 197, subdivisions 1 or 2. The use of deadly force is only justified if the character and manner of the burglary reasonably create a fear of great bodily harm, and the burglary threatens or is reasonably believed to threaten death or serious bodily harm.
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