People v. Roder

Opinion

KAUS, J.

After a jury trial, defendant Robert Earl Roder was convicted of receiving stolen property (Pen. Code, § 496) and of possession of more than one ounce of marijuana (Health & Saf. Code, § 11357, subd. (c)). On appeal he raises a single issue, contending that in light of the United States Supreme Court decisions in Ulster County Court v. Allen (1979) 442 U.S. 140 [60 L.Ed.2d 777, 99 S.Ct. 2213] and Sandstrom v. Montana (1979) 442 U.S. 510 [61 L.Ed.2d 39, 99 S.Ct. 2450], the trial court committed constitutional error in instructing the jury on the statutory presumption of guilty…