Stevens

People v. Stevens

Good Law
189 Cal. App. 3d 1020·1986 Cal. App. LEXIS 2424·236 Cal. Rptr. 296
Court of Appeal of CaliforniaNovember 5, 1986No. A030244; No. A033139California1,516 words

Opinion

Lead Opinion

King, J.

—Defendant James Stevens appeals following his conviction of one count of attempted receipt of stolen property. (Pen. Code, §§ 496, 664.) He also seeks a writ of habeas corpus based on the alleged ineffectiveness of his trial counsel. (James Leonard Stevens, on habeas corpus (A033139).) 1 We affirm the judgment and deny the petition for habeas corpus.

Defendant was the owner of the “Gold Mountain Exchange,” a store located in a Concord shopping center where used merchandise was bought and sold. During the spring of 1981, the Concord Police Department embarked on an undercover operation and enlisted the services of undercover Officer Lou Montgomery of the Vallejo Police Department. It was decided Montgomery would enter the Gold Mountain Exchange and attempt to sell property to defendant, while indicating in some manner the property was stolen.

On May 12, 1981, Montgomery was outfitted with a concealed recording device and given various items of jewelry, coins and flatware for possible sale to the Gold Mountain Exchange. Defendant indicated he did not want the flatware, but agreed to purchase the other items for $102. Montgomery picked up one of the rings, pointed out it…

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