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  5. 185 Cal.App.3d 197 (1986)
 

PEOPLE v. STEWART

Docket No. 14524.

185 Cal.App.3d 197 (1986)

229 Cal. Rptr. 445

THE PEOPLE, Plaintiff and Respondent, v. JIMMY LEE STEWART, Defendant and Appellant.

Court of Appeals of California, Third District.

September 5, 1986.

Attorney(s) appearing for the Case

COUNSEL

Brian DeAmicis, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Joel Carey and Karen Ziskind, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

SPARKS, J.

In this case we consider the appropriate remedy on appeal when a jury, which has not been instructed on the point, improperly convicts a thief of both the crime of burglary (Pen. Code, § 459), and the crime of receiving the property stolen in the burglary. (Pen. Code, § 496, subd. 1.) We hold that the appellate remedy in...

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