California Supreme Court Rules on Multiple Burglary Charges

San Jose Multiple Burglary Lawyer And Santa Clara Defense Attorney

Recently, the California Supreme Court issued a ruling that will have important consequences for those charged with burglary in California. Based on the Court’s ruling, more than one entry into a building will no longer support multiple charges of burglary in most cases.

Current Law

In California, to be convicted of a burglary, a suspect must have:

• Entered a house, room, shop, warehouse, store, or other building; and
• Intended to commit grand or petit larceny, or any other felony.

The Case

In 2011, the man in question entered a store in Escondido, pulled a concealed gun from his pocket, and ordered the cashier to hand over all the money from the register. He then forced the woman to walk down a hallway to a restroom at the back of the store where he subsequently bound and raped her before stealing the victim’s car.

At trial, the defendant was convicted of two counts of burglary as well as various other crimes. The two counts of burglary were based on the jury’s determination that the man committed two separate crimes, once when he entered the store with the intent to commit a theft, and once when he entered the bathroom with the intent to commit a rape. The defendant was sentenced to 74 years to life in prison. The Court of Appeals affirmed the judgment, holding that each respective entry constituted a separate burglary.

Supreme Court Ruling

In its opinion, the California Supreme Court overruled the lower courts, stating that when a defendant committed two entries, one into a structure and the other into a room within the structure, he or she has not committed multiple burglaries. However, the Court enumerated an exception to this general rule. According to the Court, a burglar can only be charged with multiple counts of burglary for entering a room within a structure when the room itself provided a separate and reasonable expectation of privacy and safety. This type of expectation may exist when there is proof that:

• The internal space was owned or occupied by a distinct entity; or
• The room was secured against the rest of the space within the structure.

In its ruling, the Court stated that in this case, the bathroom’s location and characteristics did not meet the standard of a room with a separate and reasonable expectation of protection, beyond what was already provided by the store itself. As a result, the lower courts’ judgment concerning the defendant’s dual burglary convictions was reversed.

This alteration in the law can be especially important for juveniles convicted of burglary. With fewer counts of burglary, their sentences may be reduced, giving them an opportunity to reenter society earlier and get their lives on track more quickly.

If you or someone you know has been charged with burglary, it is essential to retain the services of an experienced defense attorney who can ensure that your interests are protected. Please contact skilled San Jose criminal defense attorney Wesley Schroeder to schedule an appointment.

Sources:

http://www.leginfo.ca.gov/cgi-bin/displaycode?file=458-464&group=00001-01000&section=pen

http://www.courts.ca.gov/opinions/documents/S218233.PDF