How have courts interpreted the language of section 496, subdivision (a) of the California Criminal Code, when a defendant is convicted of theft but not of concealing or withholding the same property?

California, United States of America


The following excerpt is from People v. Hinks, 58 Cal.App.4th 1157, 68 Cal.Rptr.2d 440 (Cal. App. 1997):

People v. Strong, supra, 30 Cal.App.4th 366, 35 Cal.Rptr.2d 494 interpreted the language of the second paragraph of section 496, subdivision (a), literally, to mean "the fact that the defendant stole the property no longer bars a conviction for receiving, concealing or withholding the same property. The thief may be convicted either of the theft or (upon a suitable showing) of receiving, but not both." (At p. 373, 35 Cal.Rptr.2d 494.)

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