skip to Main Content
Name: People v. Zangari
Case #: A091689
Court: CA Court of Appeal
District 1 DCA
Division: 4
Citation: 89 Cal.App.4th 1436

(Editor’s note: review granted) Characterizing People v. Marquez (1993)16 Cal.App.4th 115 as wrongly decided, the court held that Oregon statutory definition of theft had always made clear that as long as there was a purpose of depriving the owner of property so as to create an unreasonable risk of permanent loss, the mens rea element of theft was satisfied, even if the intent was to deprive the owner of possession for less than a permanent period. Also, the entire record of the Oregon conviction showed the asportation element of burglary was satisfied. Thus, appellant’s prior Oregon burglary conviction was a strike under California law.

Opinion Date: 06/21/2001