Unfortunately, it is legally possible to be charged with two counts of burglary under these facts. As you may know, section 97-17-33 addresses entry into many things, including buildings and cars. If a person enters a building, and then enters a car, as you did here, that person may be charged with two separate counts of burglary. As such, it is not a violation of double jeopardy.
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Is it legal for both 5 year sentences to be ran consecutive?
Yes, it is legal for the sentences to run consecutive. While sentences often run concurrently, the presumption is that they are to run consecutively. Meaning, unless the judge states otherwise, sentences will run consecutively to one another.
If that is true... why am I looking at cases previous cases where this type of ruling was said to be wrong?
The number of cases out there measures in the millions. If you wanted to, you could find case law to support just about any position you can think of. If you want to post the case here for me to review, feel free. Otherwise though, I cannot possibly comment on a case I have never seen or heard of.
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