Can a defendant be convicted and sentenced for both grand theft and burglary?

California, United States of America


The following excerpt is from People v. Perez, F061961 (Cal. App. 2012):

For example, in People v. McFarland (1962) 58 Cal.2d 748, the defendant burglarized a hospital and stole an air compressor. He was convicted and sentenced for both burglary and grand theft. (Id. at p. 758.) McFarland held he could not be punished for both offenses. "The inference which the jury was permitted to draw ... was that defendant entered the hospital with intent to steal and that the taking of the air compressor was the culmination of that intent. The record contains nothing indicating that he entered the hospital with intent to commit some crime other than theft. In these circumstances the only reasonable conclusion is that the entry of the hospital and the taking of the air compressor were parts of a continuous course of conduct and were motivated by but one objective, theft; the burglary, although complete before the theft was committed, was incident to and a means of perpetrating the theft." (Id. at p. 762.)

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