Laskiewicz

Defendant/appellant David Laskiewicz was convicted by jury trial of grand theft (Pen. Code, §§ 484/487, subd. 1) and being an accessory after the fact to grand theft (Pen. Code, § 32). The trial court vacated the verdict on the accessory charge. He appeals on the ground the trial court erred by failing to instruct that the charges were mutually exclusive. We affirm.

Substantial evidence supports the conviction and discloses that appellant conspired with an accomplice, who was separately convicted, to steal money from the accomplice’s employer. Appellant was charged with grand theft as well as being an accessory to the theft. The jury was instructed as to the elements of both offenses and convicted him of both. The People concede that appellant cannot be guilty of both offenses, but contend no reversible error occurred.

Appellant relies upon People v. Prado (1977) 67 Cal.App.3d 267 [ 136 Cal.Rptr. 521 ], for the proposition that the failure to instruct the jury that the offenses are mutually exclusive requires reversal. In Prado the defendant was convicted of robbery (Pen. Code, § 211) and of being an accessory to the robbery (Pen. Code, § 32). The trial court dismissed…