Does a motion for acquittal of a charge of buying, concealing, selling or withholding stolen property need to be granted at retrial?
California, United States of America
The following excerpt is from People v. Boyce, 110 Cal.App.3d 726, 168 Cal.Rptr. 219 (Cal. App. 1980):
Upon retrial appellant may not be tried again for the offenses of "buying, concealing, selling, or withholding" stolen property because the trial court should have granted appellant's motion for acquittal on those charges. (People v. Belton (1979) 23 Cal.3d 516, 527, 153 Cal.Rptr. 195, 591 P.2d 485.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant be found guilty of concealing, concealing or concealing stolen property? (California, United States of America)
What are the implications of a motion for acquittal on a charge of receiving stolen property? (California, United States of America)
In a motion for a new trial in a sexual assault case brought by Dimas, who is remanded on remand pending a retrial, what factors will the court consider in deciding whether to grant or deny the motion? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered? (California, United States of America)
Does the prosecution have the power to plead and prove receipt of stolen property as a felony regardless of the value of the stolen property? (California, United States of America)
What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
