People v. Shope

Opinion

HASTINGS, J.

Appellant was convicted after a court trial of three counts of receiving stolen property (Pen. Code, § 496). He was sentenced to two years in state prison on each count, the sentences to run concurrently. He now appeals from the judgment of conviction.

Three contentions are raised on appeal: (1) There was insufficient evidence to convict appellant of a violation of Penal Code section 496; (2) appellant’s statements to police, prior to being arrested, should have been excluded as being a custodial interrogation without benefit of Miranda warnings; and (3) the failure of trial…