Can a defendant be convicted of receiving stolen property?

California, United States of America


The following excerpt is from In Re M.D., F059004, No. JL3015 (Cal. App. 2010):

Penal Code section 496, which makes receipt of stolen property unlawful, also provides that "no person may be convicted both pursuant to this section and of the theft of the same property." (Pen. Code, 496, subd. (a).) If a defendant is convicted of both, the reviewing court must reverse the conviction of receiving stolen property and allow the theft conviction to stand. (People v. Ceja (2010) 49 Cal.4th 1, 10.) The Attorney General concedes as much. Accordingly, the true finding on count 3 of the May 28, 2009, petition must be reversed.

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