California, United States of America
The following excerpt is from People v. K.R. (In re K.R.), B265588 (Cal. App. 2016):
Appellant also challenges the sentence imposed by the juvenile court for the second degree burglary finding. He contends that sentence should have been stayed under section 654. "Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination. [Citations.] Its findings will not be reversed on appeal if there is any substantial evidence to support them. [Citations.]" (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.)
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II. Sufficiency of the evidence to support the second degree burglary finding
The elements of second degree burglary are (1) entry into a building (2) with the intent to commit larceny or any felony. ( 459; People v. Sparks (2002) 28 Cal.4th 71, 78-81.) Appellant contends there was insufficient evidence that he or his companion entered the victim's storage shed and removed the shovel and sledgehammer.
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