Some states, so as to not allow the merging of a burglary charge into the underlying felony that was the intent of the burglary, have enacted what are termed "anti-merger laws" to avoid such a diminishing of the burglary charge.

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Some states have indeed enacted anti-merger laws to prevent burglary charges from being merged into underlying felonies.

Some States, So as to Not Allow the Merging of a Burglary