People v. Jackson

Opinion

BROWN (G. A.), P. J.

Appellant, David Allen Jackson, was convicted by a jury of the theft of a Honda motorcycle (Pen. Code, § 487 (count one)) and of concealing, withholding or selling the same Honda and a Singer sewing machine (Pen. Code, § 496, subd. 1 (count two)). On this appeal he contends that count two must be reversed because a person cannot be guilty of stealing and of concealing, withholding or selling the identical property. He further argues that the judge improperly relied upon certain information in the probation officer’s report in sentencing him and that the evidence…