Can a defendant avoid punishment for both burglary and robbery under section 654 of the California Criminal Code where the burglary was incident to the objective of stealing from the victim?

California, United States of America


The following excerpt is from People v. Wright, C072781 (Cal. App. 2015):

Section 654 precludes punishment for both burglary and robbery where the burglary was incident to the objective of stealing from the victim. (People v. Green (1985) 166 Cal.App.3d 514, 518.) The People concede that defendant harbored a single intent and objective of stealing from the victims when he committed the offenses, and that the burglary offenses must be stayed. We accept the concession, and agree with the People that the firearm enhancements imposed as to the burglary counts must also be stayed.

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