Can a convicted burglar be convicted of both burglary and petty theft?

California, United States of America


The following excerpt is from People v. Landis, 51 Cal.App.4th 1247, 59 Cal.Rptr.2d 641 (Cal. App. 1996):

In People v. Bernal (1994) 22 Cal.App.4th 1455, 27 Cal.Rptr.2d 839, the defendant made an analogous argument, complaining that the trial court erred in permitting him to be convicted of both burglary and petty theft, and then staying punishment for the petty theft pursuant to Penal Code section 654. (See id. at pp. 1457-1458, 27 Cal.Rptr.2d 839.) The Bernal court concluded that because burglary can be committed without committing a theft and theft is not a lesser included offense of burglary, "the more sound analysis is to permit conviction of both crimes and apply Penal Code section 654 to avoid multiple punishment." (See id. at p. 1458, 27 Cal.Rptr.2d 839.) Because burglary requires only unconsented entry with the intent to commit theft or another felony (see Pen.Code, 459), and receiving stolen goods involves the knowing, receiving, concealing, or withholding of goods obtained by theft or extortion (see [51 Cal.App.4th 1254] Pen.Code, 496, subd. (a)), appellant may be convicted of both crimes, subject to the provisions of section 654.

Other Questions


Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
What is the test for a convicted burglar to be convicted of possession of drugs that he was in possession at the time of the burglary? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Does the trial court erred in entering convictions of burglary and petty theft? (California, United States of America)
Is petty theft a lesser included or lesser related crime of burglary? (California, United States of America)
Is a conviction of petty theft a felony or a misdemeanor? (California, United States of America)
Does a prior auto theft conviction need to be treated as a "felony involving theft"? (California, United States of America)
What is sufficient corroborating evidence to sustain the conviction of a convicted burglar for running and hiding from the police? (California, United States of America)
Is a convicted burglar who was convicted of a crime of moral turpitude entitled to immunity from prosecution? (California, United States of America)
Is a defendant eligible for reduction of his felony burglary conviction to a misdemeanor shoplifting conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.