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VOLUME 7 - CHAPTER 78
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78.2 Burglary: Miscellaneous Issues

    78.2.1 Burglary: Inhabited Dwelling Defined
    78.2.2 Challenge To Multiple Burglary Counts Based On Entry Of Multiple Rooms In A Single Structure

FORECITE National™
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VOLUME 7 - CHAPTER 78

    See FORECITE National™ 78.3.2.4 [Inhabited Dwelling Defined: Occupant Must Be Alive].

FORECITE National™
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VOLUME 7 - CHAPTER 78

PRACTICE NOTE: Where a burglar, with felonious intent, enters several rooms in a single structure and steals something from each, multiple conviction and punishment is precluded unless each room constituted a separate, individual dwelling place. (See Wharton’s Criminal Law (West, 15th ed. 1993) § 325, p. 257; see also People v. Thomas (CA 1991) 235 CA3d 899, 906, fn 2 [1 CR2d 434]; People v. Church (CA 1989) 215 CA3d 1151,1158 [264 CR 49]; People v. Smith (NY 1988) 534 NYS2d 1021,1022 [the fact that the defendant was properly in the common areas of the house did not give him a license to enter the locked room of another tenant]; State v. Ortega (NM 1984) 524 P2d 522, 523.)

    See also FORECITE National™ 78.3.4.11 [Burglary: Criminal Intent When Entering An Interior Room Does Not Substitute For Lack Of Intent When Initially Entering The Building Or Structure].

RESEARCH NOTES:

Annotation, Breaking And Entering Of Inner Door Of Building As Burglary, 43 ALR3d 1147.

See also generally, FORECITE National™ 305.2.6 [Burglary].

RELATED FEDERAL MODEL INSTRUCTIONS:

See generally, FORECITE National™ 78.1.2 [Burglary:  Federal Circuit Model Instructions And Notes].