Is a conviction and punishment for burglary a separate punishment for the crime of entering into a inhabited location with the intent of committing a felony?
California, United States of America
The following excerpt is from People v. Ezell, E065381 (Cal. App. 2018):
A conviction and punishment for burglary, the crime of entry into an inhabited location with the intent to commit a felony, ordinarily precludes a court from imposing a separate punishment for the conviction of the underlying felony if the underlying felony is part of an indivisible transaction. (People v. Jaramillo (1962) 208 Cal.App.2d 620,
Page 22
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 654 of the California Criminal Code preclude punishment for both burglary and theft where the crime was committed based on intent to commit the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Is a defendant guilty of burglary if he enters with the intent to commit one crime but ultimately commits another? (California, United States of America)
Is a conviction under section 220 of the California Criminal Code for assault with intent to commit a felony during the commission of a first degree burglary a lesser included crime? (California, United States of America)
Is a defendant guilty of first degree burglary if he or she entered an inhabited dwelling with intent to commit grand or petit larceny or any felony? (California, United States of America)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)
Is a burglary committed at two separate locations within a block of each other a crime committed at the same time on the same night? (California, United States of America)
Can a defendant who commits a burglary as an incident and means of perpetrating another felony be punished separately for the crime? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
