Vallejo

People v. Vallejo

Good Law
1990 Cal. App. LEXIS 701·221 Cal. App. 3d 746·270 Cal. Rptr. 582
Court of Appeal of CaliforniaJune 21, 1990No. F011458California1,559 words

Opinion

Lead Opinion

Stone, J.

Because defendant’s sole issue on appeal is that he cannot stand convicted of three counts of burglary and also stand convicted *748 of three counts of receiving property stolen in those burglaries, our statement of the case and facts will be brief.

Defendant stands convicted of numerous charges and enhancements, among them three counts of residential burglary (Pen. Code, 1 § 459) and three counts of receiving stolen property (§ 496). These convictions followed negotiated pleas.

Defendant and the People agree the preliminary hearing transcript reveals the stolen property involved in three of the burglaries was the same property involved in three receiving stolen property convictions, and in each instance defendant sold the stolen property to an undercover detective as part of a “sting” operation.

At the time defendant entered each of his guilty pleas to the violations of section 496, the court asked defendant how he would plead “to the charge of receiving stolen property” or “to receiving stolen property.”

Discussion

Defendant argues he could not be convicted of three counts of selling the goods taken in three of the burglaries for which he stands convicted.

Section…

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