London

People v. London

Good Law
1988 Cal. App. LEXIS 1181·206 Cal. App. 3d 896·254 Cal. Rptr. 59
Court of Appeal of CaliforniaDecember 19, 1988H003572California5,124 words

Opinion

Opinion

Brauer, J.

A jury convicted defendant Kent L. London of one count of receiving stolen property and three counts of conspiracy to commit forgery. Because his preimprisonment credit exceeded the 16-month sentence, the court released him from custody and ordered him to report to his parole officer.

London contends on appeal that the court erred in instructing the jury and in limiting closing argument. He also contends that he was entitled to be released without any parole obligation. Finding no error in the trial or the sentence, we affirm.

I. Facts

The People charged London by information with one count of receiving stolen property, two counts of robbery, one count of forgery, and three counts of conspiracy to commit forgery. The jury convicted him only of receiving stolen property (count 1) and conspiracy to commit forgery (counts 5, 6, and 7). It failed to reach a verdict on the remaining counts, which the court later dismissed under Penal Code section 1382, subdivision (b).

Because the robbery counts have been dismissed there is no need to set out in detail the facts which underlay them. The robberies are pertinent only because their proceeds included the checkbooks, credit…

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