SERIES 3500 POST-TRIAL: CONCLUDING
F 3516 Multiple Counts: Alternative Charges For One Event
TABLE OF CONTENTS
F 3516 Note 1 Verdict As To Charged Lesser May Be Returned Before Verdict As To The Greater Offense
F 3516 Note 2 Conviction For Receiving Stolen Property And/Or Burglary As To The Same Property
F 3516 Note 3 Whether Instruction On Mutual Exclusivity Of Theft And Receiving Stolen Property Should Be Given?
Return to Series 3500 Table of Contents.
F 3516 Note 1 Verdict As To Charged Lesser May Be Returned Before Verdict As To The Greater Offense
See FORECITE F 3517(a).
F 3516 Note 2 Conviction For Receiving Stolen Property And/Or Burglary As To The Same Property
See FORECITE F 14.65 n5.
F 3516 Note 3 Whether Instruction On Mutual Exclusivity Of Theft And Receiving Stolen Property Should Be Given?
See People v. Ceja (2010) 49 C4th 1, 10:
We agree with the Recio and Stewart courts that juries should be instructed to reach a verdict on the theft charge first when the defendant is also charged with receiving the stolen property. A guilty verdict on the theft charge makes it unnecessary to consider the receiving charge. This practice is consistent with our analysis in this case, promotes efficiency in the jury’s deliberations, and will ensure that the statutory ban against dual convictions is applied.
See also People v. McPike (2010) DEPUBLISHED 182 CA4th 426, 435 n4 [transferred from California Supreme Court to Court of Appeal for reconsideration in light of Ceja].
