Does the standard jury instruction for residential burglary in California violate the United States Constitution where it fails to convey that the 'dispositive element' in determining whether a residence is inhabited is whether the owner views the house as his place of settled residence?

QUESTION PRESENTED FOR REVIEW DOES THE STANDARD JURY INSTRUCTION FOR RESIDENTIAL BURGLARY IN CALIFORNIA VIOLATE THE UNITED STATES CONSTITUTION WHERE IT FAILS TO CONVEY THAT THE “DISPOSITIVE ELEMENT” IN DETERMINING WHETHER A RESIDENCE IS INHABITED IS WHETHER THE OWNER VIEWS THE HOUSE AS HIS PLACE OF SETTLED RESIDENCE? ll