Is a defendant who enters into a building with the intent to commit a crime punishable as a burglary a criminal offence?

California, United States of America


The following excerpt is from People v. Lopez, F062740, Super. Ct. No. 1076152, Super. Ct. No. 1091955 (Cal. App. 2012):

occur. For example, a defendant may enter into a building with the intent to commit an offense that is classified as a misdemeanor or acts not punishable as crimes. If there is evidence of multiple objectives, then the failure to instruct the jury which crimes are felonies, and the elements of those crimes, would permit the jury to "indulge in unguided speculation as to what kinds of criminal conduct are serious enough to warrant punishment as felonies and incorporation into the burglary statute." (People v. Failla (1966) 64 Cal.2d 560, 564.)

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