Does section 654 of the California Criminal Code preclude punishment for both burglary and theft where the crime was committed based on intent to commit the crime?
California, United States of America
The following excerpt is from People v. J.G. (In re J.G.), A150528 (Cal. App. 2018):
this concession. (See People v. Alford (2010) 180 Cal.App.4th 1463, 1468 [section 654 applies to preclude punishment for both burglary and theft where burglary was based on entry with intent to commit theft].)
"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
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does Section 26 exempt a person from criminal liability under section 26 of the California Criminal Code from a general intent crime if they committed the crime while unconscious? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
Is a criminal offence punishable by section 654 of the California Criminal Code for gross negligence punishable by a single crime arising from two crimes arising from a single, indivisible course of conduct? (California, United States of America)
Does section 654 of the California Criminal Code require a separate punishment for a crime committed for the purpose of committing the same crime? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
When a defendant commits both burglary and the underlying intended felony against a single victim, does section 654 of the California Criminal Code permit punishment for both crimes? (California, United States of America)
Is it a crime to intentionally make a threat under section 422 of the California Criminal Code to commit a crime which will result in death or great bodily injury to another person? (California, United States of America)
When a defendant commits both burglary and intended robbery against a single victim, does section 654 of the California Criminal Code permit punishment for one crime but not for the other? (California, United States of America)
