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Name: People v. Avery
Case #: S092426
Court: CA Supreme Court
District CalSup
Opinion Date: 01/17/2002
Subsequent History: Rehg. denied 2/20/02.
Summary

The intent to permanently deprive another of property, which is required for a conviction for theft, is satisfied by the intent to deprive temporarily but for an unreasonable time so as to deprive the person of a major portion of its value or enjoyment. Therefore, where appellant was convicted in Texas of burglary with intent to commit theft, and the Texas theft statute required only an “intent to deprive,” the prior conviction was a “strike” under California law.