People v. Allen

Opinion

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 bars dual convictions of receiving stolen property and burglary. Here the Court of Appeal answered the first question in the affirmative and the second in the negative. We…