What is the test for establishing a complete divorcement between the theft and the subsequent receiving of the stolen property?

California, United States of America


The following excerpt is from People v. White, B236536 (Cal. App. 2013):

The Attorney General, however, points out that the general rule "does not apply in the uncommon situation 'when there is evidence of complete divorcement between the theft and a subsequent receiving, such as when the thief has disposed of the property and subsequently receives it back in a transaction separate from the original theft.' " (People v. Garza, supra, 35 Cal.4th at pp. 874-875.) To establish a complete divorcement, there must be a significant break in the defendant's possession and control over the stolen property. (Id. at p. 879.)

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