How have the courts treated a charge of burglary in the context of a robbery/murder case?

California, United States of America


The following excerpt is from People v. Ratliff, 224 Cal.Rptr. 705, 41 Cal.3d 675, 715 P.2d 665 (Cal. 1986):

Defendant first argues that trial counsel should have moved to sever the burglary count from the robbery/murder counts, so that the same jury [41 Cal.3d 692] would not hear testimony regarding all these crimes. (See Williams v. Superior Court (1984) 36 Cal.3d 441, 447-454, 204 Cal.Rptr. 700, 683 P.2d 699.) The burglary count was based on the three hanging lamps found in defendant's car following the searches previously discussed. The evidence disclosed that, at some time during the weekend immediately preceding the robbery/murder, someone had broken into several houses at a construction site at Miraflores Park in San Pedro and had stolen three light fixtures later identified as the ones found in defendant's trunk.

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