Tag Archives: 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 […]

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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 […]

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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

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