P. v. Navarrette
Filed 8/15/06 P. v. Navarrette CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
| THE PEOPLE, Plaintiff and Respondent, v. RAYMOND NAVARRETTE, Defendant and Appellant. | C049896
(Super. Ct. No. 04F08654)
|
Defendant Raymond Navarrette was convicted after a jury trial of second degree robbery (Pen. Code, § 211; further section references are to this code), and receiving stolen property (§ 496, subd. (a)). Defendant was sentenced to state prison for the midterm of three years for the robbery and sentence was stayed for receiving stolen property pursuant to section 654.
Defendant's sole contention on appeal is that his conviction for receiving stolen property must be reversed because section 496 does not allow a person to be convicted of both the theft (robbery) of certain property and the receiving of that same stolen property. The People concede the issue and we accept the concession.
Section 496, subdivision (a), provides in relevant part: â€
