P. v. Smith
A jury convicted defendant of first degree burglary, receiving stolen property, and felony petty theft. The trial court found defendant had served a prior prison term for burglary, and sentenced him to an aggregate unstayed prison term of seven years. In case another case, defendant entered a negotiated plea of guilty to receiving stolen property. In accordance with the plea agreement, other charges and another pending action was dismissed, and defendant was sentenced to a prison term of two years to run concurrently with the sentence imposed in the previous case.
On appeal, defendant raises four claims of error. The Court agreed that one of defendant’s contentions had merit--his receiving stolen property conviction must be reversed because he “cannot be convicted of both stealing and receiving the same property . . . .” Court otherwise affirmed the judgment.
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