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The People v. Jamar Collins

July 2, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JAMAR COLLINS, DEFENDANT AND APPELLANT.



(Super. Ct. No. 07F09047)

The opinion of the court was delivered by: Robie , Acting P. J.

P. v. Collins CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury found defendant Jamar Collins guilty of multiple counts of robbery, charges arising from his possession of a handgun, and receiving stolen property. The jury also found firearm enhancements in connection with the robbery counts to be true. Defendant admitted a prior strike offense and the court sentenced him to a total of 31 years in prison.

On appeal, defendant contends his conviction for possession of a handgun by a felon must be reversed because it was not supported by substantial evidence. He also contends his conviction for receiving stolen property must be reversed because it is based on some of the same property as the robbery convictions.

We agree with the People there was sufficient evidence to support defendant's conviction for possession of a handgun by a felon. We find merit in the second contention, however, and conclude defendant cannot be convicted of receiving the same property he was also convicted of stealing. Accordingly, we will reverse his conviction for receiving stolen property (on which his sentence was stayed pursuant to Penal Code section 654) and will otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Two deputy sheriffs on patrol stopped the car defendant was driving because one of its brake lights was out. During a lawful search of the car, one of the deputies found a wallet containing identification and bank cards that belonged to people other than defendant and his passenger. The deputy determined that the cards belonged to victims of a recent robbery.

During the search, one of the deputies asked defendant for the ignition key to open the glove box, which was locked. Defendant turned over a set of keys on a key ring, but none of them were car keys. He told the deputy the car key might have fallen off the ring, but the deputy could not find it on defendant or anywhere nearby. The deputy then forced the glove box open and found a gun inside. The deputies arrested defendant for possessing that gun.

The deputies needed the car key to tow the car, and they eventually got it from defendant's passenger, who had been hiding it in the waistband of her pants.

DISCUSSION

I

Sufficiency Of The ...


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