What would be the consequences of a jury finding only intent to commit theft in convicting a defendant of the burglary charge?
California, United States of America
The following excerpt is from People v. Robinson, 198 Cal.App.3d 674, 244 Cal.Rptr. 17 (Cal. App. 1988):
3 There would be no multiple punishment if the jury found only intent to commit theft in convicting defendant of the burglary charge. The assaults in such case would not have been an object of the unlawful entry and would not be deemed parts of an indivisible course of conduct. (Cf. People v. Green (1985) 166 Cal.App.3d 514, 518, 212 Cal.Rptr. 451.)
"The most advanced legal research software ever built."
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.
Other Questions
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Can a defendant be charged with a charge of assault with intent to cause grievous bodily harm against a defendant who was previously convicted of a minor assault? (California, United States of America)
When a defendant is convicted of burglary and a charge of possession of a firearm under section 654 of the California Criminal Code, what are the consequences of the conviction and sentence? (California, United States of America)
What is the consequence of a finding that defendants have been convicted of conspiracy to commit murder in the second degree? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of a charge of assault with intent to pervert the course of justice? (California, United States of America)
Is there any case law where a defendant has been convicted of a charge of possession of a drug with intent to commit a criminal offence while on probation? (California, United States of America)
Can a single act or course of conduct by a defendant lead to convictions for assault with intent to commit rape during the commission of a first degree burglary? (California, United States of America)
