Supreme Court of California

A conviction under section 10851(a) for unlawful taking or driving of a vehicle does not bar a conviction under section 496(a) for receiving the same vehicle as stolen property when the evidence is such that it is not reasonably probable that a properly instructed jury would have found that the defendant took the vehicle but did not engage in any post-theft driving.

Appellate Information

• Decided 05/19/2005
• Published 05/19/2005

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Alan Siraco, under appointment by the Supreme Court, Santa Rosa, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, Laurence K. Sullivan, John H. Deist and David H. Rose, Deputy Attorneys General, for Plaintiff and Respondent.