Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction?

California, United States of America


The following excerpt is from People v. Hicks, 12 Cal.App.4th 311, 7 Cal.Rptr.2d 166 (Cal. App. 1992):

For all of the above reasons, we follow Masten and conclude that "[s]ection 667.6 subdivision (c) by its terms provides for harsher sentences for violent sexual offenses." Burglary, like kidnapping, "is not included in the section's list of enumerated crimes." Thus, where burglary "is but a part of a continuous course of conduct incidental to the commission of sexual offenses, section 654 precludes the imposition of a consecutive term for the [burglary] conviction." (People v. Masten, supra, 137 Cal.App.3d at p. 589, 187 Cal.Rptr. 515.)

[12 Cal.App.4th 106]

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