Is a conviction for assault with intent to commit sex crime during the commission of a first degree burglary under section 220, subdivision (b) of the Criminal Code merged with that conviction on count 1?
California, United States of America
The following excerpt is from People v. Banks, B255093 (Cal. App. 2015):
Appellant also argues his conviction on count 5 ( 459 [first degree burglary]) should have been merged with his conviction on count 1 because count 5 was a lesser included offense of count 1. He is correct first degree burglary is a lesser included offense of assault with intent to commit a sex crime during the commission of a first degree burglary under section 220, subdivision (b). (People v. Dyser (2012) 202
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