Can a defendant be convicted of both burglary and receipt of stolen property?

(4) The question is answered by the language of the relevant statutes. Theft, robbery, and carjacking are, at root, crimes involving the taking of personal property. Penal Code section 484, subdivision (a), defines theft as, among other things, the "felonious[] steal[ing], tak[ing], carry[ing], lead[ing], or driv[ing] away the personal property of another." Penal Code section 211 defines robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." Penal Code section 215, subdivision (a), defines carjacking as the "felonious taking of a motor vehicle," which is unquestionably personal property. (People v. Ortega (1998) 19 Cal.4th 686, 708 [80 Cal.Rptr.2d 489, 968 P.2d 48] (conc. & dis. opn. of Chin, J.) [a vehicle is a particular kind of personal property].) Absent a felonious taking of property, the crimes of theft, robbery, and carjacking do not occur.

The cases addressing dual convictions for burglary and receipt of stolen property provide further support for our conclusion. A defendant may be convicted of both burglary and receipt of property stolen in the process of committing the burglary because a conviction for burglary is not a conviction for stealing or taking property. (People v. Allen (1999) 21 Cal.4th 846, 862-863 [89 Cal.Rptr.2d 279, 984 P.2d 486]; People v. Moreno (1999) 74 Cal.App.4th 618, 621-622 [88 Cal.Rptr.2d 228]; People v. Carr (1998) 66 Cal.App.4th 109, 114 [77 Cal.Rptr.2d 639].) A burglary is committed when

[173 Cal.App.4th 536]