Tag Archives: Theft by False Pretenses

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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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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