California, United States of America
The following excerpt is from People v. Scofield, 149 Cal.App.3d 368, 196 Cal.Rptr. 812 (Cal. App. 1983):
Penal Code section 461 provides punishment for burglary. It is divided into two parts: the term for second degree burglary may not exceed one year; the terms for first degree burglary may be two, four, or six years. Reading the three statutes together we see section 459 defines the elements of the crime, section 460 divides the crime into two levels of seriousness for the purpose of sentencing, and section 461 sets out the sentence terms. The aggravating factors used to establish the degree of an offense are not the elements of the crime. (People v. Scott, 274 Cal.App.2d 905, 79
Page 814
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.