Does the trial court erred in entering convictions of burglary and petty theft?

California, United States of America


The following excerpt is from People v. Bernal, 22 Cal.App.4th 1455, 27 Cal.Rptr.2d 839 (Cal. App. 1994):

Bernal also contends the trial court erred in entering convictions of both burglary and petty theft. In People v. Stewart (1986) 185 Cal.App.3d 197, 229 Cal.Rptr. 445, the defendant made an analogous argument complaining of convictions of both burglary and receiving stolen property. The People conceded and the reviewing court reluctantly agreed. In a footnote, the court discussed the problem at length:

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