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Name: People v. Garza
Case #: H024041
Court: CA Court of Appeal
District 6 DCA
Citation: 112 Cal.App.4th 655

Defendant was convicted of both stealing the car and retention of the stolen property, which was found a week after it had been stolen. Here the retention count was reversed and the matter remanded to permit trial on a theory that would allow dual convictions, since Penal Code section 496 does not bar dual conviction under a theory that the initial taking was a joyride without intent to permanently deprive the owner of possession of the car.

Opinion Date: 10/09/2003