What is the test for establishing that possession of stolen property is sufficient to sustain a conviction for a theft-related crime?

California, United States of America


The following excerpt is from People v. Potts, S072161 (Cal. 2019):

be sufficient to warrant an inference of guilt. [] As corroboration you may consider the attributes of possession[ ]time, place, and manner[,] that the defendant had . . . an opportunity to commit the crime charged, the defendant's conduct, a false account of how he acquired possession of the stolen property, and any other evidence which tends to connect the defendant with the crime charged." This pattern instruction is "generally favorable to defendants; its purpose is to emphasize that possession of stolen property, alone, is insufficient to sustain a conviction for a theft-related crime." (People v. Gamache (2010) 48 Cal.4th 347, 375.)

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