California, United States of America
The following excerpt is from People v. Campos, E065913 (Cal. App. 2017):
In the instant case, unlike in Barba, defendant was charged with burglary, based on the intent to commit the predicate offense of theft, which includes the crimes of false pretenses and forgery. (People v. Garrett (2016) 248 Cal.App.4th 82, 89-90 (Garrett)
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(rev. granted.)3 There were no allegations or charges of identity theft. We recognize the People were not required to allege separately identity theft because burglary is complete upon entry with the requisite criminal intent. (People v. Brownlee (1977) 74 Cal.App.3d 921, 930.) However, the felony complaint alleged the predicate intent of the charged burglary was to commit a "theft and a felony," which would include forgery but not identity theft.
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