What evidence is sufficient to convict a defendant of possession of stolen property under the CALJIC No.15 instruction?

California, United States of America


The following excerpt is from People v. Johnson, 23 Cal.Rptr.2d 593, 6 Cal.4th 1, 859 P.2d 673 (Cal. 1993):

1. Evidence of burglary--First, defendant asserts the instruction was improper because there was insufficient evidence a burglary had in fact occurred. (Cf. People v. Morris (1988) 46 Cal.3d 1, 40, 249 Cal.Rptr. 119, 756 P.2d 843 [improper to give unqualified CALJIC No. 2.15 instruction where evidence relating to defendant's possession of stolen property is unclear].) He contends evidence was lacking regarding his intent to steal at the time he entered the victims' home. (See 459.) We disagree.

Examination of the record indicates there was sufficient circumstantial evidence of a burglary, and of defendant's intent to steal the victims' jewelry when he entered the victims' home. (See People v. Earl (1973) 29 Cal.App.3d 894, 896-898, 105 Cal.Rptr. 831 [circumstantial evidence routinely used to establish intent to steal].) Defendant admitted to the officers he was aware the victims possessed gold jewelry, and also that he was present at their home on or about the date of the murders. Substantial amounts of gold jewelry were missing from the premises. Defendant was later seen

Page 612

Other Questions


When is a defendant required to prove possession of stolen property to convict him of the crime of receiving stolen property? (California, United States of America)
What is the test for establishing that evidence of possession of property stolen during a burglary is sufficient to convict a defendant of the crime? (California, United States of America)
Is possession of recently stolen property sufficient to convict a defendant of a theft-related crime? (California, United States of America)
What is the difference between a defendant's conviction for possession of a stolen vehicle and possession of the stolen vehicle under section 490.2 of the California Penal Code? (California, United States of America)
Can a defendant be convicted of possessing stolen property even if the vehicles and parts were not stolen? (California, United States of America)
Is possession alone sufficient to sustain a conviction for possession of property stolen in a burglary? (California, United States of America)
Can a defendant bring a motion to amend or amend his convictions for possession of stolen property and possession of a blank check? (California, United States of America)
Does the fact that Weizoerick and Ahlo opined the drugs were possessed for sale rather than personal use, rather than possession, are sufficient evidence to convict a defendant of a drug offence? (California, United States of America)
What is the test for a defendant's argument that the evidence is insufficient to support his conviction for possession of drugs and possession of a firearm? (California, United States of America)
Can a defendant appeal his conviction for possession of child pornography on the basis that the trial court failed to instruct the jury on the defense of transitory possession? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.