P. v. Tucker
A jury convicted defendant Jennifer Lee Tucker of grand theft (Pen. Code, 487, subd. (a) count I),[1]petty theft ( 484, subd. (a) count IX), nine counts of second degree burglary ( 459 counts IV through VIII, X through XIII), and two counts of receiving stolen property ( 496, subd. (a) counts XIV, XV). The jury acquitted defendant on three other counts [counts II and III (second degree burglary) and XVI (receiving stolen property)]. Sentenced to state prison for an aggregate term of eight years, defendant appeals, contending (1) the trial court erroneously failed to conduct an in camera review of the juvenile dependency file of her stepson, J.T., a crucial witness against her, and erroneously limited cross examination of J.T. and (2) she was improperly convicted of both stealing and receiving some of the same property. Court agree that the trial court erroneously failed to conduct an in camera review of J.T.s dependency file and shall reverse and remand for such review with directions. If remand results in no new trial being granted and judgment is reinstated, counts XIV and XV are reversed because we agree that defendant was improperly convicted of stealing (counts I and IX) and receiving (counts XIV and XV) the same property.
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