People v. Richardson

Appellant Robert Richardson was convicted of two counts of first degree burglary. The principal issue before us is whether the simultaneous burglary of two bedrooms in a single apartment constitutes two separate offenses. Under the facts presented, we conclude that it does not.

We reverse the judgment of conviction and strike the sentence as to count two.

BACKGROUND

Appellant, who is 35 years old, has had a drug problem since his teenage years. His sister, Barbara Mayo, has attempted to help him turn his life around by giving him money and shelter on many occasions.

In June 2002, Ms. Mayo shared a two-bedroom apartment with her longtime friend, Patricia Gesualdi. Ms. Mayo occupied one bedroom, and Ms. Gesualdi the other. Neither bedroom was equipped with exterior locks, and Ms. Mayo stored clothing in Ms. Gesualdi’s closet.

That same month, appellant came to Ms. Mayo’s apartment, claiming to be clean and sober, and asked if he could stay there for a couple of weeks. After obtaining the consent of Ms. Gesualdi, Ms. Mayo allowed appellant to stay in the apartment on condition that he sleep on the couch and that he not borrow or take anything without permission. Ms.…