What is the difference between a defendant's conviction for possession of a stolen vehicle and possession of the stolen vehicle under section 490.2 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Flaherty, E063718 (Cal. App. 2016):

Code, 10851, subd. (a); see People v. Garza (2005) 35 Cal.4th 866, 876 [Veh. Code, 10851, subd. (a) " 'proscribes a wide range of conduct,' " and may be violated " 'either by taking a vehicle with the intent to steal it or by driving it with the intent only to temporarily deprive its owner of possession (i.e., joyriding)' "]) and receiving a vehicle "knowing the property to be stolen" (Pen. Code, 496d). Penal Code section 490.2 is simply inapplicable to defendant's conviction offenses.

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