Is there a multiple punishment prohibition under section 654 of the Criminal Code for burglaries committed in the same dormitory room?

California, United States of America


The following excerpt is from People v. O'Keefe, 222 Cal.App.3d 517, 271 Cal.Rptr. 769 (Cal. App. 1990):

[222 Cal.App.3d 522] Further, no multiple punishment prohibition under section 654 exists for each of these burglaries. Each dormitory room is a separate dwelling within the meaning of section 459. Thus, entry into each room was separate and divisible conduct. O'Keefe "is not entitled to [four] exempt burglaries merely because his victims chose the same landlord." (People v. James, supra, 19 Cal.3d at p. 119, 137 Cal.Rptr. 447, 561 P.2d 1135.)

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