The Court of Appeal agreed with the parties that there was insufficient evidence to support his conviction for receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)). “A person who violates section 10851 [, subdivision] (a) by taking a car with the intent to permanently deprive the owner of possession, and who is convicted of that offense on that basis, cannot also be convicted of receiving the same vehicle as stolen property.” (People v. Garza (2005) 35 Cal.4th 866, 876.) The Court of Appeal vacated the conviction and ordered correction of clerical errors in the abstract of judgement.
Panel Victories
