Can a jury inferring guilt on a burglary charge based solely upon the conscious possession of recently stolen goods?

California, United States of America


The following excerpt is from People v. Lopez, H034619 (Cal. App. 2011):

Moreover, in substance, CALCRIM No. 376 cautions the jury against inferring guilt based solely upon a defendant's conscious possession of recently stolen goods. It would be unreasonable and illogical for the jury to construe this instruction to also permit it to infer guilt on a burglary charge, because a defendant possessed property stolen during a completely different theft. " 'We credit jurors with intelligence and common sense [citation] and do not assume that these virtues will abandon them when presented with a court's instructions. [Citations.]' [Citation.]" (People v. Bragg (2008) 161 Cal.App.4th 1385, 1396.)

Accordingly, we reject this part of appellant's challenge to the giving of CALCRIM No. 376.

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