Is a burglary committed at two separate locations within a block of each other a crime committed at the same time on the same night?

California, United States of America

The following excerpt is from People v. Howze, 102 Cal.Rptr.2d 887, 85 Cal.App.4th 1380 (Cal. App. 2001):

We find that this argument is without merit. We conclude that the separate burglaries of two different single family residences located on different streets and occupied by totally different families with different points of entry and means of entry at each location do not constitute offenses committed on one occasion even if the separate burglaries took place on the same night. (People v. Lawrence (2000) 24 Cal.4th 219, 228-229 [crimes committed at two separate locations within one block of each other that occurred within two to three minutes of each other and involved two separate groups of victims each of whom had no connection to the other crime scene were not committed on the "same occasion" for purposes of sentencing under the Three Strikes law].) We also reject the assertion that such separate burglaries arose from the same operative set of facts, since each house was on a different street, each burglary involved a separate and distinct entry, and each house was inhabited by a separate and distinct family group and there were no connections between the family groups. (Id. at pp. 230-234 [finding different operative facts when the crimes occurred a block apart, occurred two to three minutes apart, and involved separate unrelated groups of victims].)

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