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Name: People v. Strohman
Case #: B134371
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/23/2000
Subsequent History: Petition for review den. 1/30/01

Disagreeing with People v. King (2000) 81 Cal.App.4th 472, the Second District here held that receiving stolen property is not a necessarily included offense of operating a “chop shop” in violation of Vehicle Code sections 250, and 10801. Because a person may be guilty of operating a chop shop without committing the offense of receiving stolen property, because the property could have been acquired through fraud rather than theft or extortion, neither the statutory definitions nor the accusatory pleading bar appellant’s convictions for both offenses.