Can a defendant be found guilty of two counts of possession of a stolen vehicle?

California, United States of America


The following excerpt is from People v. Tran, G051907 (Cal. App. 2016):

Appellant was convicted in count 1 of violating Vehicle Code section 10851, which states, "Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with the intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle . . . is guilty of a public offense[.]" (Veh. Code, 10851, subd. (a), italics added.) Thus, the offense may be predicated on the theory that the defendant either drove or took the subject vehicle. (People v. Garza (2005) 35 Cal.4th 866, 871.) In count 2, appellant was convicted of violating section 496d, which makes it crime for a person to receive, conceal, or withhold a stolen vehicle which he knows has been stolen. ( 496d, subd. (a).)

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