California, United States of America
The following excerpt is from People v. Madrigal, D073126 (Cal. App. 2018):
continue beyond the time of the physical conduct constituting the offense until the perpetrator has reached a place of temporary safety." (Id. at pp. 901-902, quoting People v. Taylor (1995) 32 Cal.App.4th 578, 582.) Again, the court was not focused on whether the crime of receiving stolen property is sufficiently similar to theft to be included as one of the enumerated crimes in section 186.22, subdivision (e).
Finally, People v. Barker, supra, 91 Cal.App.4th 1166, also does not aid the People. That case dealt with the relevance of possession of recently stolen property to murder, and referred to " 'the context of theft crimes other than receiving stolen property.' " (Id. at p. 1174.) In short, the three cases on which the People rely, at most, merely show that receiving stolen property is a theft-related crime. That general proposition does not establish that receiving stolen property is interchangeable with theft under the specific theft statutes, such as sections 484 and 487. In other words, those cases do not stand for the principle that receiving a stolen vehicle is the same as grand theft of a vehicle for purposes of establishing a predicate crime under section 186.22, subdivision (e).
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