How has section 654 of the Criminal Code been interpreted in the context of a burglary?

California, United States of America


The following excerpt is from People v. Linares, B269256 (Cal. App. 2018):

In this case, the trial court applied an erroneous test, holding that section 654 was not applicable because the burglary in count 1 was "completed" at the time of entry. There is no question but that a burglary is completed upon entry with felonious intent. (People v. Escobar (1992) 7 Cal.App.4th 1430, 1437.) However, the question in section 654 analysis is different: it is whether the crimes were incident to a single objective, not whether one crime was "completed" before the other was committed.

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