Does a conviction for breaking into the home of a restraining order holder's home constitute the basis of the conviction for violating the restraining order?
California, United States of America
The following excerpt is from People v. Reyes, B271586 (Cal. App. 2017):
Defendant argues that the same conduct which formed the basis for his burglary convictionbreaking into M.R.'s housealso formed the basis of his conviction for violating the restraining order. We agree. As the order required that defendant stay away from M.R. altogether, at the moment defendant entered the home of M.R. in order to harass her he violated the court order to stay away from M.R. His entry also resulted in his conviction for first degree burglary. The conviction on these two counts arose from the same act or course of conduct and therefore the trial court was required to stay the sentence for violation of the restraining order under section 654. (Cf. People v. Soto (2016) 245 Cal.App.4th 1219 [precluding
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sentences for both driving on a suspended license and driving under the influence of alcohol on section 654 grounds].)
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