Theft: Difference between revisions

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==Intent==
Jesus O., supra, 40 Cal.4th at p. 868 [no requirement to intend to steal specific property]; People v. Davis (1998) 19 Cal.4th 301, 305, 317-219 [theft crimes generally require only the intent to permanently deprive the owner of possession of property].


==Robbery==
==Robbery==

Revision as of 02:22, 31 July 2023

Intent

Jesus O., supra, 40 Cal.4th at p. 868 [no requirement to intend to steal specific property]; People v. Davis (1998) 19 Cal.4th 301, 305, 317-219 [theft crimes generally require only the intent to permanently deprive the owner of possession of property].

Robbery

Carjacking

People v. Duran (2001) 88 Cal.App.4th 1371

(1) as a matter of apparent first impression, a “felonious taking” of a motor vehicle, as element of carjacking, can occur when the victim remains with the vehicle; (2) carjacking was necessarily included offense within kidnapping-for-carjacking charge;

Defendant, by ordering motorist to drive at gunpoint, satisfied the dominion and control requirement for a “felonious taking” of the vehicle, as element of carjacking, though the motorist and passengers remained in the vehicle. West's Ann.Cal.Penal Code § 215(a).

Defendant, by entering vehicle, threatening to kill driver and passengers if driver did not take him where he wanted to go, telling driver, at gunpoint, when to speed up and slow down, when to get on the freeway and when to get off, and where and when to turn, committed kidnapping for carjacking.