Recio

The People charged Jesse Martinez Recio with one count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) , one count of receiving stolen property (§ 496, subd. (a)), and one count of misdemeanor battery (§ 242). The information also alleged defendant had prior felony convictions. A jury convicted defendant of petty theft (§§ 484, subd. (a), 488 [a lesser included offense of robbery]), receiving stolen property, and battery. The trial court denied defendant’s motion to modify the verdict and vacate the receiving stolen property conviction; instead, the court vacated the petty theft conviction and sentenced defendant to four years in state prison for receiving stolen property.

Defendant argues he was improperly convicted of stealing and receiving the same property and, as a result, his conviction for receiving stolen property should be reversed. We agree. Accordingly, we reverse the judgment and remand to the trial court with directions to strike the conviction for receiving stolen property, to reinstate the petty theft conviction, and to conduct a new sentencing hearing.

FACTS

On the evening of October 22, 2005, Roberto R. walked alongside his bicycle with…