Receiving Stolen Property: Difference between revisions
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A person can't be convicted of receiving stolen property and theft of the same property. People v. Ceja (2010) 49 Cal. 4th 1 | |||
==Possession== | ==Possession== | ||
Revision as of 05:50, 14 June 2020
A person can't be convicted of receiving stolen property and theft of the same property. People v. Ceja (2010) 49 Cal. 4th 1
Possession
From CALCRIM 1750:
[To receive property means to take possession and control of it. Mere presence near or access to the property is not enough.] [Two or more people can possess the property at the same time.] [A person does not have to actually hold or touch something to possess it. It is enough if the person has [control over it] [or] [the right to control it], either personally or through another person.]
The annotation lists the following cases regarding possession and control:
- People v. Land (1994) 30 Cal.App.4th 220, 223–224 [35 Cal.Rptr.2d 544]
- People v. Zyduck (1969) 270 Cal.App.2d 334, 336 [75 Cal.Rptr. 616]
- see People v. Gatlin (1989) 209 Cal.App.3d 31, 44–45 [257 Cal.Rptr. 171] [constructive possession means knowingly having the right of control over the property directly or through another]
- People v. Scott (1951) 108 Cal.App.2d 231, 234 [238 P.2d 659] [two or more persons may jointly possess property].