People v. Garcia
62 Cal. 4th 1116
| Cal. | 2016Background
- On May 18, 2011 Hugo Garcia entered an Escondido commercial store, brandished a gun, robbed the lone employee (M.), and forced her to the back bathroom.
- Inside the bathroom Garcia bound and raped M.; he entered and exited the bathroom multiple times during the incident.
- Jury convicted Garcia of multiple offenses including aggravated kidnapping, forcible rape, and two counts of burglary—one for entering the store with intent to rob and a second for entering the bathroom with intent to commit sexual assault.
- The Court of Appeal affirmed the two burglary convictions; the California Supreme Court granted review to decide whether serial entries into an interior room within a single structure can support multiple burglary convictions.
- The Court framed the legal question as whether a subsequent felonious entry into an interior room is a separate burglary when the enclosing structure already was entered with felonious intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether each felonious entry into a room within an already-burgled structure supports a separate burglary conviction under Penal Code § 459 | Section 459’s text (includes “room”) and Sparks allow separate burglary convictions for each entry with felonious intent (store entry and bathroom entry are distinct) | One burglary should subsume subsequent entries into rooms within the same structure when the room provides no distinct expectation of privacy/possession | A subsequent entry is a separate burglary only if the interior room objectively provides a distinct expectation of protection (possession, privacy, or security) relative to the enclosing structure; otherwise only one burglary may be charged |
| Whether Sparks requires treating every interior-room entry as a separate burglary | Sparks supports broad reading of “room” to permit multiple burglaries | Sparks addressed when felonious intent formed for a single burglary theory and does not mandate multiple convictions for unsecured internal rooms | Sparks is limited: it preserves alternative theories for a single burglary but does not authorize automatic multiple convictions for every internal-room entry |
| Whether the bathroom in this case justified a second burglary conviction | People: bathroom location/back area created separate expectation of privacy/safety | Garcia: bathroom was part of store, not separately owned/secured, so it was subsumed by the store burglary | Court reversed second burglary: evidence did not show bathroom provided an objectively reasonable separate expectation of protection from intrusion beyond the store |
| Proper limiting principle for multiple burglary charges within one structure | Prosecutor: § 954 and statutory language allow charging multiple connected offenses | Defense: multiple convictions would create redundancy and exceed statute’s purpose protecting distinct possessory/privacy interests | Court: limit multiple burglary convictions to interior spaces that are separately secured, occupied, possessed, or otherwise objectively like standalone structures listed in § 459 |
Key Cases Cited
- People v. Sparks, 28 Cal.4th 71 (2002) (holds entry into an interior room can support burglary when felonious intent formed after entering the house; limited to preserving alternative theories for a single burglary)
- People v. James, 19 Cal.3d 99 (1977) (separately leased office suites in same building may support separate burglary convictions)
- People v. Abilez, 41 Cal.4th 472 (2007) (entry into a locked bedroom within family home justified separate burglary conviction when it invaded distinct possessory interest)
- People v. Gauze, 15 Cal.3d 709 (1975) (principle that burglary protects personal safety and possessory rights; burglary law aims to forestall situations dangerous to personal safety)
- People v. Taylor, 48 Cal.4th 574 (2010) (applies Sparks to permit a single burglary conviction based on alternative timing of intent; does not endorse multiple convictions for unsecured internal rooms)