Polowicz

Frank Polowicz appeals from a judgment on a finding of guilty on two counts of a five-count information charging grand theft of personal property under Penal Code, section 487.1. Polowicz contends the court’s finding of not guilty on count 5, which is identical to count 2, bars the later inconsistent finding by the court of guilty on count 2. We affirm.

Facts

Polowicz was tried in two separate cases, CR 109647, relating to unlawful driving or taking of a (rental) vehicle and receiving stolen property, and CR 109678, relating to grand theft of personal property. This appeal relates to CR 109678.

Polowicz entered into an unwritten agreement with Paul Robinson to purchase shrimp for resale to restaurants. Robinson was to buy the shrimp and Polowicz was to sell the shrimp at a modest profit to himself. Robinson purchased $49,000 worth of shrimp and held it in a public freezer storage facility, Union Ice, which released the shrimp only on Robinson’s order. Polowicz was to locate customers, notify Robinson, and Robinson was to authorize Union Ice to release the appropriate quantity of shrimp to Polowicz. The purchasers (local restaurants) were to sign an invoice and Polowicz…