Does a defendant have to be punished separately for both the burglary and the crime committed inside the structure, such as theft or robbery?

California, United States of America


The following excerpt is from People v. Hannah, C071651 (Cal. App. 2014):

Defendant cites cases in which defendants were punished for both the burglary and the crime committed inside the structure, such as theft or robbery. (See, e.g., People v. Alford (2010) 180 Cal.App.4th 1463, 1468 [burglar may not be separately punished for theft]; People v. Smith (1985) 163 Cal.App.3d 908, 912 [burglar may not be separately punished for robbery].) Those cases are inapposite because, here, the house and shop were separate structures that necessarily were unlawfully entered at separate times.

Penal Code section 654 notwithstanding, multiple burglary punishments may lawfully be imposed for each separate felonious entry. (See, e.g., People v. James (1977)

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