People v. Jaramillo

Opinion

WRIGHT, C. J.

Anthony Lopez Jaramillo appeals from a judgment upon driving or taking of a vehicle (Veh. Code, § 10851) and receiving stolen property (Pen. Code, § 496, subd. 1). The question presented is whether, in light of the broad scope of conduct proscribed by Vehicle Code section 10851, defendant can properly be convicted of violating both that section and Penal Code section 496. We conclude for reasons which follow that an accused can be convicted of both violations only if his conviction of the Vehicle Code section is predicated on conduct not constituting a theft of the vehicle…