What is the difference between receiving stolen property and an attempted burglary?

California, United States of America


The following excerpt is from People v. Johnson, E065189 (Cal. App. 2017):

support the existence of multiple criminal objectives. Defendant took the package from the front porch of the residence, not from inside the residence during a burglary. (Cf. People v. Allen (1999) 21 Cal.4th 846, 864-865 (Allen).) The taking of the package was not a precursor to the attempted burglary, and there was no evidence the package was anywhere near the windows with the pry marks. The crime of receiving stolen property was complete at the time defendant stole the package. The attempted burglary occurred when defendant attempted to gain entry into the residence through the windows with the pry marks. These facts are sufficient to support separate sentences for receiving stolen property and attempted burglary. The record supports an inference that defendant had an opportunity to reflect between the two offenses and that defendant harbored multiple criminal intents and objectives when he committed the receiving stolen property and attempted burglary.

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