CSC to Consider What Standard of Prejudice Applies to Instructional Error on Defense Theory
July 26th, 2021
In People v. Hendrix REV. GTD. 1/20/21 S265668 (B298952; 55 Cal.App.5th 1092) the defendant told police that he entered the victim’s backyard and tried to force entries believing this to be his cousin Trevor’s house. The reviewing court acknowledged that appellant if subjectively believed that he was at Trevor’s house, the jury could, in theory, […]
Tags: Appeal, Apprendi, CC 1600, CC 1800, CC 1863, CC 3406, Defense Theory Instructions, Mistake Of Fact, Standard of Prejudice
Proposition 47 Applies to Joy Riding Because Temporary Taking Is LIO of Permanent Taking
August 7th, 2020
Proposition 47 provides that theft of $950 or less is just a misdemeanor. People v. Page (2017) 3 C5th 1175 held that a violation of VC 10851 (aka joyriding) for stealing a car worth $950 or less is covered by Proposition 47. However, VC 10851 describes both taking the car and driving the car and […]
Tags: CC 1800, CC 1801, CC 1802, CC 1820, CC 1822, Felony Taking or Driving a Vehicle, Joyriding, Proposition 47, Theft
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 […]
Tags: CC 1800, CC 1804, Theft, Theft by False Pretenses
No Sua Sponte Duty To Instruct On Defense Theory That Negates An Element Of The Offense; IAC For Failure To Request Defense Theory Instruction
February 9th, 2015
People v. Hussain (2014) 231 Cal. App. 4th 261, 269-72, extended the holding of People v. Anderson (2011) 51 Cal.4th 989, 998 [trial courts do not have a duty to instruct sua sponte on the defense of accident] to a situation where the defendant relied claim of right to negate the felonious intent to […]
Tags: CC 1600, CC 1800, CC 1863, Claim of Right, Defense Theory Instructions, Duty to Instruct, Ineffective Assistance of Counsel (IAC), Judge Duty to Instruct, Robbery, Sua Sponte, Theft
Grand Theft Not An LIO Of Embezzlement
April 30th, 2014
People v. Nazary (2011) 191 Cal. App. 4th 727, held that grand larceny by an employee as defined in CC 1800 is not a lesser included offense of embezzlement. The opinion also makes clear that an employee may be convicted of both grand theft by employee as defined in CC 1800 and embezzlement as […]
Tags: CC 1800, CC 1806, Embezzlement, Grand Theft, Lesser Included Offenses
CC 1800 Theft Instruction Applies Only When Property Is Physically Taken
April 30th, 2014
As People v. Beaver (2010) 186 Cal. App. 4th 107, 122, explained: “This instruction applies to situations where a defendant physically takes property from another’s actual or constructive possession.” Thus CC 1800 does not apply where the victim merely gave the property to the defendant under false pretenses
Tags: CC 1800, Theft, Theft by False Pretenses
