Can a defendant be convicted of a burglary and then convicted of receiving stolen property?

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.

Other Questions


When is a defendant required to prove possession of stolen property to convict him of the crime of receiving stolen property? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
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)
Is a defendant entitled to a retrial on all charges including burglary if he is convicted of receiving stolen property? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code apply to a defendant who has served two consecutive sentences for burglary and receiving stolen property? (California, United States of America)
Can a defendant be convicted of concealing and/or receiving stolen property? (California, United States of America)
In what circumstances will a defendant be charged with burglary, receiving stolen property and forgery? (California, United States of America)
What is the test for a defendant to be convicted of receiving stolen property? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
What is the test for a jury to convict a defendant of receiving stolen property? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.