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PEOPLE v. ALLEN

No. S070028.

89 Cal.Rptr.2d 279 (1999)

21 Cal.4th 846

984 P.2d 486

The PEOPLE, Plaintiff and Respondent, v. Andrew James ALLEN, Defendant and Appellant.

Supreme Court of California.

October 7, 1999.

Attorney(s) appearing for the Case

Barbara Michel, under appointment by the Supreme Court, for Defendant and Appellant.

David D. Carico as Amicus Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Stan M. Helfman and Shannon Garcia Chase, Deputy Attorneys General, for Plaintiff and Respondent.

MOSK, J.

We granted review to resolve conflicts in the decisions of the Courts of Appeal on two questions: first, whether a defendant can be convicted of the crime of receiving stolen property (Pen.Code, § 496, subd. (a)) when the evidence shows he is also the thief but the statute of limitations on theft has not run; and second, whether the rule against dual convictions of receiving stolen property and theft also...

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