Theft by False Pretenses: General Theft Instruction Is Improper
October 19th, 2015

It is error not to give CC 1804, which covers theft by false pretenses, and to simply give CC 1800, the general instruction on theft by larceny. If the theory is a defendant committed a fraud, such as faking an accident, to acquire medical services and damages, then the proper instruction is one that covers theft by false pretenses. (See People v. Beaver (2010) 186 Cal. App. 4th 107, 122-124.)


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