MacKabee

People v. MacKabee

Bad Law
1989 Cal. App. LEXIS 1057·214 Cal. App. 3d 1250·263 Cal. Rptr. 183
Court of Appeal of CaliforniaOctober 18, 1989C004253California4,441 words

Opinion

Opinion

Sims, J.

Defendant was convicted of four separate crimes committed over a three-month period: first degree residential burglary committed on July 4, 1987; second degree robbery committed on July 13, 1987; first degree residential burglary committed on September 16, 1987; and second degree burglary committed on October 3, 1987. Because the last three felonies were committed while defendant was released from custody on earlier offenses, the trial court imposed various enhancements under Penal Code section 12022.1. (Further undesignated statutory references are to the Penal Code.)

On appeal, defendant contends (1) the trial court erred in failing to bifurcate trial of the enhancement allegations; (2) entry into an office area within a public structure will not support a burglary conviction; (3) the trial court erred in failing to instruct the jury it must unanimously agree which of two acts supports their verdict on the final burglary; (4) various section 12022.1 enhancements were improperly imposed; and (5) the trial court committed other sentencing errors.

In this published portion of our opinion, we conclude an office space in the lobby of a public building, separated from the…

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