California, United States of America
The following excerpt is from People v. Deay, 194 Cal.App.3d 280, 239 Cal.Rptr. 406 (Cal. App. 1987):
It is unnecessary to reach that issue in this case because the trial court adequately found the defendant had burglarized an inhabited dwelling within the meaning of the first degree burglary statute, Penal Code section 460. [194 Cal.App.3d 291] In a court trial, the degree of the offense must be fixed "before passing sentence." ( 1192; People v. Flores (1974) 12 Cal.3d 85, 94, 115 Cal.Rptr. 225, 524 P.2d 353.) "Passing sentence" means such time as the court imposes sentence. (Flores, supra, at p. 93, fn. 6, 115 Cal.Rptr. 225, 524 P.2d 353.)
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