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PEOPLE v. RICHARDSON

No. B164991

11 Cal.Rptr.3d 802 (2004)

117 Cal.App.4th 570

The PEOPLE, Plaintiff and Respondent, v. Robert RICHARDSON, Defendant and Appellant.

Court of Appeals of California, Second District, Division 2

As Modified April 8, 2004

Attorney(s) appearing for the Case

Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication*

NOTT, J.

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.

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