PEOPLE v. WIELOGRAF

Docket No. 19029.

101 Cal.App.3d 488 (1980)

161 Cal. Rptr. 680

THE PEOPLE, Plaintiff and Respondent, v. THOMAS WALTER WIELOGRAF, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

January 29, 1980.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Thomas N. Griffin, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and David D. Salmon, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

LINDSAY, J.*

Defendant appeals from an order granting probation after jury verdict finding him guilty of receiving stolen property in violation of Penal Code, section 496, subdivision 1. He contends that the trial judge prejudicially erred when he failed to instruct the jury sua sponte that the intent to return the property to its true owner is a defense to said charge and, alternatively...

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