People v. Briggs

Opinion

ELKINGTON, J.

Defendant Nathaniel Briggs was charged with, and convicted by jury verdicts of, a violation of Vehicle Code section 10851 (sometimes referred to as auto theft), and receiving stolen property, a violation of Penal Code section 496.

1

Although not apparent from the information, the prosecution’s theory at the trial was that the subject

[1036]

of each offense was the same Chevrolet automobile. Briggs was sentenced to state prison on each of the counts, the sentences to run concurrently.

Briggs was found, driving a Chevrolet automobile a few days after its theft. It had license plates which had been registered to another vehicle, and it was being driven by means of a “hot wire” instead of an ignition key. When arrested, Briggs gave the police a false name. No evidence was offered explaining his possession of the vehicle.

The evidence was sufficient to support the charge of violating Vehicle Code section 10851 (see

People

v.

Hopkins,

214 Cal.App.2d 487, 491 [29 Cal.Rptr. 636]),

or

the receiving stolen property charge (see

People

v.

Schroeder,

264 Cal.App.2d 217, 225 [70 Cal.Rptr. 491]). But it is a fundamental principle that one may not be convicted of stealing,

and

of receiving, the same stolen property.

(People

v.

Tatum,