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Name: People v. Geter
Case #: C066487
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/26/2012

The crime of grand theft person requires proof that the property taken was on the victim’s person when the assault began. Appellant was convicted at jury trial of grand theft person. According to the evidence presented at trial, the victim attempted to put $20 in an ATM machine, but the money was rejected because it was too old and worn. At that point, defendant appeared and commenced an assault on the victim. Leaving the money and ATM card at the ATM machine, victim fled to his car. Appellant left a few seconds later and victim returned to the machine and found his card, but no money. The appellate court agreed with appellant’s contention that because there was no evidence before the jury that victim ever regained physical possession of the money when the assault began, the grand theft person conviction could not stand, and reduced the offense to petty theft under Penal Code section 484. (In re Jesus O. (2007) 40 Cal.4th 859 [Pen. Code, § 487, subd. (c), provides that grand theft is theft committed when the property is taken from the person of another].)