California, United States of America
The following excerpt is from People v. Landis, 51 Cal.App.4th 1247, 59 Cal.Rptr.2d 641 (Cal. App. 1996):
In People v. Bernal (1994) 22 Cal.App.4th 1455, 27 Cal.Rptr.2d 839, the defendant made an analogous argument, complaining that the trial court erred in permitting him to be convicted of both burglary and petty theft, and then staying punishment for the petty theft pursuant to Penal Code section 654. (See id. at pp. 1457-1458, 27 Cal.Rptr.2d 839.) The Bernal court concluded that because burglary can be committed without committing a theft and theft is not a lesser included offense of burglary, "the more sound analysis is to permit conviction of both crimes and apply Penal Code section 654 to avoid multiple punishment." (See id. at p. 1458, 27 Cal.Rptr.2d 839.) Because burglary requires only unconsented entry with the intent to commit theft or another felony (see Pen.Code, 459), and receiving stolen goods involves the knowing, receiving, concealing, or withholding of goods obtained by theft or extortion (see [51 Cal.App.4th 1254] Pen.Code, 496, subd. (a)), appellant may be convicted of both crimes, subject to the provisions of section 654.
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