Does the waiver doctrine apply to a charge of burglary under section 654 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Nelson, 211 Cal.App.3d 634, 259 Cal.Rptr. 549 (Cal. App. 1989):
2 Defendant's contention is made for the first time on appeal. However, the "waiver doctrine does not apply to questions involving the applicability of [Penal Code] section 654." (People v. Perez, supra, 23 Cal.3d at pp. 549-550, fn. 3, 153 Cal.Rptr. 40, 591 P.2d 63.)
3 The charge of burglary in the information alleged that defendant entered the victims' home with the intent to commit theft. Unlike People v. Radil, supra, 76 Cal.App.3d 702, 142 Cal.Rptr. 233, the intent to commit felonious assault was not charged as an element of the burglary.
** See footnote *, ante.
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