Strohman

Vehicle Code section 250 states in part: “A ‘chop shop’ is any building, lot, or other premises where any person has been engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud . . . .”

Here we hold that receiving stolen property is not a necessarily included offense of operating a chop shop. [. . .]

Marvin Dean Strohman appeals from a judgment after conviction of receiving stolen property (Pen. Code, § 496, subd. (a)) and of operating a chop shop. (Veh. Code, §§ 250, 10801.) [. . .] We affirm.

Facts

Todd Crouch owned a distinctive turquoise- and bone-colored Harley Davidson motorcycle. Less than two months after he bought it, it was stolen from a hotel parking lot in San Luis Obispo.

A week later, Santa Barbara County Sheriff Sergeant Kenneth Reinstadler saw the bike parked outside a bar in Orcutt. He spoke with Strohman who told him he “deals in bikes” and purchased this bike at a discount.

Nine days later, officers served a search warrant on Strohman’s Orcutt home. Deputies found hundreds of thousands of motorcycle parts…