Does receipt of a stolen vehicle (Pen. Code, § 496d) fall within the scope of Proposition 47 even if the value of the vehicle is less than $950?
October 14th, 2018
In People v, Bussey (2018) 24 CA5th 1056 the defendant contended that his conviction for receipt of a stolen vehicle should be reduced to a misdemeanor under Proposition 47 because the provisions of Penal Code section 496 for misdemeanor sentencing apply as a matter of law to the more specific section 496d. The Court of […]
Tags: CC 1750
Juror Unanimity/Duplicity: Receiving Stolen Property
May 1st, 2014
People v. Mitchell (2008) 164 Cal. App. 4th 442, affirmed a defendant’s conviction of multiple counts of receiving stolen property where the trial court had used CC 1750. The defendant complained on appeal that the trial court had incorrectly rejected a proposed defense instruction on unanimity and instead added a unanimity instruction which could […]
Tags: CC 1750, Jury Unanimity (Duplicity), Receiving Stolen Property