California Court of Appeal

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People v. Magallanes, G040133

Conviction for carjacking and receipt of stolen property is affirmed in part and reversed in part where: 1) trial court did not err in denying defendant's motion for judgment of acquittal as the evidence that the carjacking was accomplished by the use of fear was sufficient to support defendant's conviction; and 2) under Penal Code section 496 (a), defendant cannot be convicted of both carjacking and receipt of stolen property when the property in question is the vehicle taken during the carjacking.

Appellate Information

  • Decided 04/28/2009
  • Published 04/28/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Thien Huong Tran, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Theodore M. Cropley, Deputy Attorneys General, for Plaintiff and Respondent.
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