What is the test for a convicted burglar to be convicted of possession of drugs that he was in possession at the time of the burglary?

California, United States of America


The following excerpt is from People v. Kellett, 1 Cal.App.3d 704, 81 Cal.Rptr. 917 (Cal. App. 1969):

[1 Cal.App.3d 714] In People v. Griffin (1962) 209 Cal.App.2d 125, 129, 25 Cal.Rptr. 667, 669 (cited by defendant), the court states in part: '(W)e are impelled to the conclusion that at the time of appellant's arrest the narcotics were in his possession incident to the burglary. The act of stealing the narcotics was a fulfillment of the object of appellant's burglarious intent. (Citations.)' The court went on to hold that it constitutes double punishment to sentence an accused for both burglary and possession of drugs taken in the burglary.

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