Wednesday, December 30, 2015

People v. Goode (Cal. Ct. App. - Dec. 30, 2015)

The law of burglary is weird.  Super weird.  It doesn't match what you thought it was at all.

Mark Goode doesn't enter a home.  He tries.  He opens a metal storm door, but can't get in.  A few seconds later, he jiggles a nearby window.  Again, he can't get in.

But that's still burglary.  Because a "part" of his body got into the space between the storm door and the front door.  That's the law.

Weird enough.

But the trial court sentenced the guy based on two burglaries.  One burglary being trying the front door, the other being trying the window (of the same residence) a few seconds later.  Hence adds eight additional months in prison to the guy's sentence.

That's too much even for the Court of Appeal.  One burglary.  The attempts to open the door and window weren't a divisible act.  So still a burglary, even though he guy never actually entered  But only one.