CALCRIM (Jury Instructions) Section 1752. LESSER INCLUDED OFFENSES • Receiving Stolen Property. Pen. Code, § 496. There is a split in authority on this issue. P
CALCRIM (Jury Instructions) § 1752
LESSER INCLUDED OFFENSES
•
Receiving Stolen Property. Pen. Code, § 496. There is a split in authority on this
issue. People v. Sanchez (2003) 113 Cal.App.4th 325, 333–334 [6 Cal.Rptr.3d
271] concluded that receiving stolen property is a lesser included offense, but a
defendant may be convicted of both offenses when different property is involved
in the two convictions. However, People v. Strohman (2000) 84 Cal.App.4th
1313, 1316 [101 Cal.Rptr.2d 520], reached the opposite conclusion.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 309.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.03[2][c] (Matthew Bender).
1753–1799.
Reserved for Future Use
CALCRIM No. 1752
BURGLARY AND RECEIVING STOLEN PROPERTY
1152
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 1752. LESSER INCLUDED OFFENSES • Receiving Stolen Property. Pen. Code, § 496. There is a split in authority on this issue. P. This means people must follow this rule, and breaking it can lead to criminal penalties.