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People v. Rojas

Supreme Court of California, In Bank

358 P.2d 921 (1961)

Relevant factsFree

After being arrested for stealing electrical conduit, Hall told police he had arranged to sell the stolen materials to Rojas and Hidalgo (defendants) and, cooperating with police, called them to arrange a handoff. Rojas and Hidalgo then drove off with the conduit and were arrested and convicted of receiving stolen property. They argued on appeal that the property had already lost its stolen status once police recovered it from Hall, so at most they were guilty of attempt.

IssueFree

Whether a defendant may be found guilty of an attempt to receive stolen property even though, unbeknownst to the defendant, the property had already lost its "stolen" status.

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