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
The following excerpt is from People v. Alonzo, D059149 (Cal. App. 2013):
When a defendant commits both burglary and the underlying intended felony against a single victim, section 654 generally permits punishment for one of the crimes, but not for both, because the burglary is merely incident to, and a means of perpetrating, the intended felony. (See People v. James (1977) 19 Cal.3d 99, 119-120 [burglary and intended robbery]; see also People v. Cline (1998) 60 Cal.App.4th 1327, 1335 [burglary and intended theft].)
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