P. v. Browne
A jury convicted defendant of receiving stolen property (Pen. Code, 496, subd. (a); count three) and possession of drug paraphernalia (Health & Saf. Code, 11364; count five). It acquitted him of transporting methamphetamine (Health & Saf. Code, 11379, subd. (a); count one) and possessing methamphetamine (Health & Saf. Code, 11377, subd. (a); count two). Imposition of sentence was suspended and defendant was placed on probation for three years on the condition, among others, that he serve 170 days of incarceration.
Defendant contends, and the People concede, the trial court erred reversibly by admitting evidence that he elected not to answer questions deputies directed at him during a traffic stop. For guidance on remand, Court consider defendants claims that prejudicial photographs and a codefendants statement were erroneously admitted in evidence; and that CALJIC No. 17.01, which was limited to the stolen property count, should have applied as well to the paraphernalia count.
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