P. v. Roberts
A jury convicted defendant of receiving stolen property; and being an accessory after the fact, but acquitted him of grand theft. The jury further found true Roberts's prior strike conviction allegation. The court sentenced defendant to prison for 32 months, consisting of the lower term of 16 months on count 2, doubled by his prior strike. Sentence on count 3 was stayed and restitution orders were made.
Defendant appeals, contending: (1) the jury's finding that he received stolen property should be reversed because it is not supported by substantial evidence; and (2) the jury's finding that he was an accessory after the fact should be reversed because a person cannot be convicted both of receiving stolen property and of being an accessory after the fact to the theft of that same property. On this record, these arguments have no merit and court affirmed the judgment.
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