Tabarez

Convicted by a jury in case number 70667 of robbery (Pen. Code, § 211 [subsequent undesignated section references are to this code]) and receiving stolen property (§ 496), with allegations of a prior “serious” felony conviction (§ 667) and a prior prison term (§ 667.5, subd. (b)) sustained by the court, the defendant claims reversible error in the denial of his severance motion and the use of an inapplicable instruction, both of which arguments we reject in the unpublished portion of this decision. He further asserts he is immune from conviction for receiving stolen property as a matter of law. We reject this argument in the published portion of the opinion and consequently shall affirm the judgment as modified.

We need not set out a separate recitation of the underlying facts. What details are essential will be incorporated in the discussion.

I, II

III

Defendant asserts as a matter of law he cannot be convicted of violation of section 496 (commonly referred to as “receiving stolen property”) because there is evidence he was the actual thief. Before addressing the applicable law, we summarize the evidence introduced at trial on this charge, all of which was offered by…