Can a defendant who committed three separate commercial burglaries, one of which involved forgery and identity theft, be convicted of the same crime under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Perkins, C060671 (Cal. App. 6/30/2009), C060671 (Cal. App. 2009):

"Burglary consists of entry into a house or other specified structure with the intent to commit a felony. [Citation.] Thus, ordinarily, if the defendant commits both burglary and the underlying intended felony, . . . section 654 will permit punishment for one or the other but not for both. [Citations.]" (People v. Centers (1999) 73 Cal.App.4th 84, 98.) Defendant's three commercial burglaries were committed by entering the businesses, obtaining credit with a false driver's license, and using the credit to purchase goods. As to each burglary, the attendant forgery and identity theft are part of a common plan to obtain goods from the merchant through falsely obtained credit. Since the court imposed prison terms for the burglary counts, defendant's sentences for forgery and theft must be stayed pursuant to section 654. Again, we modify the judgment accordingly.

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