What is the difference between a conviction for assault with a deadly weapon and a concurrent sentence for burglary?

California, United States of America


The following excerpt is from People v. Flowers, 132 Cal.App.3d 584, 183 Cal.Rptr. 276 (Cal. App. 1982):

[132 Cal.App.3d 590] People v. McGahuey (1981) 121 Cal.App.3d 524, 528-530, 175 Cal.Rptr. 479, cited by respondent, is distinguishable. In McGahuey, the court upheld consecutive sentences for burglary and assault with a deadly weapon where defendant, after burglarizing the victim's house, threw a hatchet at the victim through a closed window as she started to call the police. The court held that the intent to commit the assault was formed after the burglary was complete, justifying separate punishment.

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