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SERIES 1800 THEFT AND EXTORTION

F 1800.1 Titles And Identification Of Parties
F 1800.2 Theft By Larceny—Tailoring To Facts: Persons, Places, Things And Theories
F 1800.3 Theft By Larceny—Language That Is Argumentative, Confusing, Etc.
F 1800.4 Theft By Larceny—Burden Of Proof Issues

TABLE OF CONTENTS
F 1800.1 Titles And Identification Of Parties
F 1800.1 Inst 1 Theft By Larceny—Title
F 1800.1 Inst 2 Identification Of Prosecution And Defendant

F 1800.2 Theft By Larceny—Tailoring To Facts: Persons, Places, Things And Theories
F 1800.2 Inst 1 Tailoring To Facts

F 1800.3 Theft By Larceny—Language That Is Argumentative, Confusing, Etc.
F 1800.3 Inst 1 Deletion Of Argumentative Language: Slight Value

F 1800.3 Inst 2 Deletion Of Argumentative Language: Time And Distance
F 1800.3 Inst 3 “Small Distance” To “Short Distance”

F 1800.4 Theft By Larceny—Burden Of Proof Issues
F 1800.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

Return to Series 1800 Table of Contents.


F 1800.1 Titles And Identification Of Parties

F 1800.1 Inst 1 Theft By Larceny—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 1800.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 1800.2Theft By Larceny—Tailoring To Facts: Persons, Places, Things And Theories

F 1800.2 Inst 1 Tailoring To Facts

[Change “property” to “_______________ <specification or description of property>“]

[Change “someone else” to “_______________ <name of owner>“]

[Change “owner’s” to _______________’s <name of owner>“]

Points and Authorities

See FORECITE F 400.2 Inst 1.


F 1800.3 Theft By Larceny—Language That Is Argumentative, Confusing, Etc.

F 1800.3 Inst 1 Deletion Of Argumentative Language: Slight Value

*Modify CC 1800, paragraph 4, as follows [deleted language is stricken]:

[For petty theft, the property taken can be of any value, no matter how slight.]

Points and Authorities

See FORECITE F 416.3 Inst 4.


F 1800.3 Inst 2 Deletion Of Argumentative Language: Time And Distance

*Modify CC 1800, Element 4 as follows [added language is underlined; deleted language is stricken]:

4. The defendant moved the property _______________ <specification or description of property>, even a small distance, and kept it for any period of time, however brief.

[Delete paragraph 4.]

Points and Authorities

See FORECITE F 416.3 Inst 4.


F 1800.3 Inst 3 “Small Distance” To “Short Distance”

*Modify CC 1800, Element 4 as follows [added language is underlined; deleted language is stricken]:

4. The defendant moved the property, even a small short distance, and kept it for any period of time, however brief.

Points and Authorities

Assuming the comment on the evidence in Element 4 is not deleted as argumentative, the distance involved would more appropriately described as “short” rather than “small.”


F 1800.4 Theft By Larceny—Burden Of Proof Issues

F 1800.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.

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