California Court of Appeal

Conviction and sentence for petty theft and receiving stolen property is reversed as to the conviction of petty theft where defendant cannot be convicted of theft and receiving stolen property he obtained in the theft. The conviction of the felony offense, receiving stolen property, is the greater offense and must stand.

Appellate Information

• Decided 10/03/2007
• Published 10/03/2007

Judges

• HUFFMAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard De La Sota, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lynne McGinnis and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.