P. v. Baker
A jury found defendant guilty of receiving stolen property, a felony (Pen. Code, S 496, subd. (a); unspecified section references that follow are to the Penal Code), and giving false information to a police officer, a misdemeanor (S 148.9, subd.(a)). The jury found defendant not guilty of possessing ammunition (S 12316, subd. (b)(1)) or burglar's tools (S 466). In a bifurcated proceeding, the trial court found true an allegation defendant served a prior prison term (S 667.5, subd. (b)). The trial court sentenced defendant to the middle term of two years for receiving stolen property, plus one year for the prior prison term. The court sentenced defendant to a concurrent six month jail term for the misdemeanor conviction.
Defendant appeals, contending his conviction for receiving stolen property was not supported by substantial evidence. Court requested supplemental briefing on whether the trial court erred in failing to give a unanimity instruction. Finding that failure prejudicial error, court reverse defendant's conviction for receiving stolen property.
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