California, United States of America
The following excerpt is from People v. Gould, No. A148090 (Cal. App. 2018):
(People v. Lyons (1958) 50 Cal.2d 245, 275 (Lyons),2 disapproved on other grounds in People v. Green (1980) 27 Cal.3d 1, 27-34; see also People v. Morelos (2008) 168 Cal.App.4th 758, 763 [citing Lyons for the proposition that " 'if the evidence shows that goods stolen from different sources were received on a single occasion, there is but one offense of receiving stolen property' "].) The Lyons court concluded it was appropriate under the circumstances, and of no prejudice to Lyons, to affirm one count and reverse the other (Lyons, at pp. 275-276), as defendant requests we do here. We shall follow Lyons by affirming count six and reversing count seven.
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