What is the difference between convictions for burglary and receiving stolen property?

California, United States of America


The following excerpt is from People v. Moreno, 74 Cal.App.4th 618, 88 Cal.Rptr.2d 228 (Cal. App. 1999):

Cuevas's burglary conviction in count 3 was based on the burglary of the Rodriguez residence on July 22, 1997. His conviction for receiving stolen property in count 4 was based on his possession of property taken during that burglary. Cuevas relies on our decision in People v. Vallejo (1990) 221 Cal.App.3d 746, 270 Cal.Rptr. 582 to contend that he could not be convicted of receiving the same property he took in the burglary underlying count 3. We will reject this contention.

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