What is the test for finding that a burglary committed at the same time as receiving stolen property was a crime committed by the same person?

California, United States of America


The following excerpt is from People v. Ferrando, A127407, A131016 (Cal. App. 2011):

is inapplicable when there is evidence from which the jury might infer that the goods were not received at the same time or in the same transaction." (People v. Bullwinkle (1980) 105 Cal.App.3d 82, 92, disapproved on other grounds by People v. Laiwa (1983) 34 Cal.3d 711.) Here, the burglary and the instance of receiving stolen property involved different victims and different dates. The trial court was well within its discretion in finding that the offenses were separate acts meriting separate punishment.

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