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PEOPLE v. CEJA

No. S157932.

49 Cal.4th 1 (2010)

108 Cal. Rptr. 3d 568

229 P.3d 995

THE PEOPLE, Plaintiff and Respondent, v. RAFAEL CEJA, Defendant and Appellant.

Supreme Court of California.

May 17, 2010.

Attorney(s) appearing for the Case

Richard De La Sota, under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lynne McGinnis, Teresa Torreblanca, Barry Carlton and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.—

The Penal Code specifies that a defendant may not be convicted of stealing and receiving the same property. (Pen. Code, § 496, subd. (a).)1 In this case, the trial court failed to instruct on this point, and the jury convicted defendant of both petty theft and receiving the property he had stolen. A divided Court of Appeal reversed the petty theft conviction. The majority reasoned...

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