When a defendant is charged with burglary and receiving stolen property in circumstances where conviction for both offenses is prohibited, what is the appropriate instruction to the jury?

California, United States of America


The following excerpt is from People v. Stewart, 185 Cal.App.3d 197, 229 Cal.Rptr. 445 (Cal. App. 1986):

6 When a defendant is charged with burglary and receiving stolen property in circumstances where conviction for both offenses is prohibited, "the jury should be given appropriate instructions defining and distinguishing the rules applicable, so as to avoid the mistake of finding the accused guilty of receiving from himself property stolen by him during the commission of a burglary." (People v. Taylor, supra, 4 Cal.App.2d at p. 219, 40 P.2d 870.) The rule, and hence the appropriate instruction, should advise the jury that it is a conviction for burglary which precludes a conviction for receiving stolen property, so that the jury will be adequately informed on how to perform its task.

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