A California Appellate Court affirmed once again that a person convicted of theft in California cannot also be convicted of receiving stolen property when the property in question is the property of the theft. The courts have long recognized that a crime of theft and/or robbery is the taking of personal property of another.
Now, if you are the individual who took that property, you cannot also be found guilty of the crime of receiving stolen property because the property in question is one in the same. In a recent decision, the California Appellate Court added carjacking to the list of thefts, where the Court held that a defendant could not be convicted of both carjacking and receipt of stolen property when the stolen property is the vehicle taken in the carjacking.
In the instant case, the Defendant was not sentenced on the receipt of stolen property, and the ruling court treated the charge of receiving stolen property in violation of Penal Code section 496 as a lesser included offense to the carjacking. The Appellate court held that to treat it as a lesser included offense is not correct. Rather, that if the Defendant was found guilty of carjacking, he must be acquitted of the charge of receiving stolen property.
If you or someone you know is being accused of a theft crime, you must be aware that there will likely be an incorrect charge of receipt of stolen property. This will have to be fought, and the best option will be to hire an experienced San Diego criminal defense attorney. Wallin & Klarich has been fighting for people accused of theft crimes for years. If you would like to speak to one of our experienced criminal defense attorneys, just call 1-888-280-6839, or visit our website, www.wklaw.com for more information.