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Name: People v. Valentine
Case #: B182712
Opinion Date: 10/17/2006
Court: CA Court of Appeal
District 2 DCA
Division: 6
Citation: 143 Cal.App.4th 1383

Appellant and three friends accosted the victim while he was walking home after cashing a check and demanded he turn over the $440 in cash. One of the men hit the victim in the face before he turned over his wallet. Appellant was convicted of second degree robbery. On appeal, he contended that the trial court erred by denying his request for a jury instruction on receiving stolen property. He contended not that the offense was a lesser included offense, but that he was entitled to the instruction on his defense – that he received the stolen property but did not steal it. The appellate court rejected his argument and affirmed. Receiving stolen property is not a defense to robbery, but a theory of criminal liability based on a different offense. The failure to give the instruction did not impinge on appellant’s right to present a defense.