The People, Plaintiff and Respondent v. Hugo Garcia, Defendant and Appellant — Kruger, J., Concurring

Summary

This concurrence joins the majority's conclusion that entering a store and then entering an ordinary bathroom within that store does not support two burglary convictions. It reasons that section 459 permits separate convictions only when the internal room is functionally equivalent to a separate, independently protected structure, not merely because the room offers greater privacy or security. The concurrence also explains that the prior decision relied on by the prosecution addressed a single burglary and did not authorize multiple convictions for movement among ordinary interior rooms.