Crimes Against Property

Name: People v. Avery
Case #: S092426
Court: CA Supreme Court
District CalSup
Opinion Date: 01/17/2002
Subsequent History: Rehg. denied 2/20/02.
  • Categories: Crimes, Crimes Against Property

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…

View Full Summary
Name: People v. Hill
Case #: S077706
Court: CA Supreme Court
District CalSup
Opinion Date: 07/27/2000
Subsequent History: None
  • Categories: Crimes, Crimes Against Property, Crimes Against the Person

The trial court erred in finding the evidence insufficient to support appellant's separate conviction for kidnaping as to a seven-month old baby where he was also convicted of the same offense against the baby's mother. The California Supreme Court held…

View Full Summary
Name: People v. Miller
Case #: H017020
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/07/2000
Subsequent History: Review denied 9/20/00
  • Categories: By CALJIC Number, Crimes, Crimes Against Property, Evidence, General Principles, Jury Instructions, Similars/Character/Conduct

CALJIC 14.14, theft by false pretenses, was given here and neither defendant objected to it. The claim that an instruction correct in law and responsive to the evidence was too general or incomplete is waived on appeal unless an amplifying…

View Full Summary
Name: Schell v. Witek
Case #: 97-56197
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/11/2000
Subsequent History: None
  • Categories: Choice of Counsel, Crimes, Crimes Against Property, Defense, Ethical Considerations, Extraordinary Remedies, Habeas Corpus (Federal), Ineff. Assist. Counsel (IAC), Right to Counsel

Where Schell's fingerprint inside a screen-protected window was the only evidence connecting him to the burglary, the evidence was sufficient to support Schell's burglary conviction. Here it was reasonable for the jury to have inferred that Schell left his fingerprint…

View Full Summary
Name: People v. Jones
Case #: B133543
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 07/20/2000
Subsequent History: Review denied 10/25/00
  • Categories: Crimes, Crimes Against Property, Enhancements, Sentencing

Although there was sufficient evidence to support the jury's finding that appellant alternately used both a gun and a knife to commit the offense, imposition of a separate sentence for each was prohibited by Penal Code section 1170.1 Section 1170.1…

View Full Summary
Name: In re Phelps
Case #: E029320
District 4 DCA
Division: 2
Opinion Date: 10/30/2001
Subsequent History: None
  • Categories: Crimes, Crimes Against Property

A conviction for violation the Home Equity Sales Contract Act (Civ. Code, sec. 1695 et seq.), requires that the unfair tactic to acquire the residence be employed against a homeowner who is actually residing in home at the time.

View Full Summary
Name: People v. Griffin
Case #: A090561
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/12/2001
Subsequent History: Rev. den. 10/10/01
  • Categories: Crimes, Crimes Against Property, General Principles, Jury Instructions

Appellant entered the victim's (Stephanie's) house in attempt to track down another person, Trey, in order to assault him. In a subsequent burglary prosecution, the jury was instructed under CALJIC 14.50 regarding burglary. On appeal, appellant argued that the trial…

View Full Summary
Name: People v. Garrett
Case #: H021589
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/23/2001
Subsequent History: Review denied 1/29/02.
  • Categories: Crimes, Crimes Against Property

Appellant challenged the sufficiency of evidence that four of his five prior "strikes" were for burglaries of a residence, because he admitted only that he entered a "house," not that any of the houses were currently used for dwelling purposes.…

View Full Summary
Name: People v. Duran
Case #: G024274
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/14/2001
Subsequent History: Rehg. den. 8/22/01
  • Categories: Crimes, Crimes Against Property, Crimes Against the Person, Lesser-Included Offenses, Sentencing

Appellant forced the driver of a car back into the car at gunpoint, and ordered him to drive. The driver's wife and baby were also in the car. The court held that a felonious taking under the carjacking statute can…

View Full Summary
Name: People v. Sparks
Case #: D034981
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/03/2001
Subsequent History: Rev. granted 8/15/01 as S098290
  • Categories: Crimes, Crimes Against Property, General Principles, Jury Instructions

Sparks entered the victim's home with consent, to discuss magazines he was selling. He then followed her into another room of the home and raped her. He was convicted of both rape and residential burglary. The jury was instructed that…

View Full Summary