California, United States of America
The following excerpt is from People v. Ramirez, G048878 (Cal. App. 2014):
Appellant further asks, "How is it lawful for a defendant to be found guilty of a burglary, and at the same time be found guilty of receiving stolen property, wouldn't it be one or the other"? That's a reasonable question. But because receiving stolen property is not a lesser included offense of burglary, a defendant may be properly convicted of both offenses. (People v. Allen (1999) 21 Cal.4th 846, 862-863.) While dual punishment for these crimes is not permissible, the trial court correctly stayed appellant's sentence for receiving stolen property pursuant to the terms of Penal Code section 654.
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