Crimes Against Property

Name: People v. Glazier
Case #: B214200
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/19/2010
  • Categories: Crimes, Crimes Against Property, Crimes Against the Person

The burglary-by-instrument doctrine applies when a tool is used to enter a building either as a prelude to physical entry, or to remove property, or to commit another felony. Appellant used a paint sprayer filled with gasoline and a 20-foot…

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Name: People v. Beaver
Case #: C060490
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/29/2010
  • Categories: By CALCRIM Number, Crimes, Crimes Against Property, Jury Instructions, Restitution, Sentencing

There was sufficient corroboration of accomplice testimony to support a grand theft conviction. Appellant, an employee at Sierra at Tahoe ski resort, was convicted of grand theft based on faking an accident in order to collect damages and to obtain…

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Name: People v. Keating
Case #: B210240
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/07/2010
Subsequent History: rev. granted 9/22/10, (S184354)
  • Categories: Credits, Crimes, Crimes Against Property, Sentencing

This court joins a growing majority of appellate courts holding that the amendment of Penal Code section 4019, effective January 25, 2010 is retroactive. Credit card theft, forgery, commercial burglary, and grand theft convictions were found to be supported by…

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Name: People v. Ceja
Case #: S157932
Court: CA Supreme Court
District CalSup
Opinion Date: 05/17/2010
  • Categories: Crimes, Crimes Against Property, Trial Proceedings, Verdict

Where a defendant is improperly convicted of stealing and receiving the same property, the conviction for receiving stolen property must be reversed irrespective of which offense has the greater penalty. A jury convicted appellant of misdemeanor petty theft of a…

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Name: People v. Casas
Case #: E048184
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/25/2010
  • Categories: Crimes, Crimes Against Property, Elements of Crimes, Mens Rea

The crime of embezzlement does not require the intent to permanently deprive the owner of property. The requisite mental state exists when a person uses property entrusted to him in a way that significantly interferes with the owner's enjoyment or…

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Name: People v. Mathers
Case #: C060425
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/22/2010
  • Categories: Crimes, Crimes Against Property, Elements of Crimes

Possession of a check that is genuine, but uncollectible due to insufficient funds, does not violate Penal Code section 476 which prohibits possessing, passing or attempting to pass a fictitious check. Appellant was convicted of possessing and attempting to pass…

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Name: People v. Zamani
Case #: H032414
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/07/2010
  • Categories: By CALCRIM Number, Crimes, Crimes Against Property, Elements of Crimes, General Principles, Jury Instructions

Appropriation of lost property (Pen. Code, § 485) is a general intent crime. In this case of first impression the court considered whether appropriation of lost property is a specific or general intent crime. The court reviewed the statute in…

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Name: People v. McPike
Case #: A122030
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/26/2010
  • Categories: Crimes, Crimes Against Property

Appellant could not be convicted of both receiving stolen property and petty theft for the same property. Appellant and a codefendant were found in possession of credit cards, a cell phone, keys, and the purse of the victim. In an…

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Name: People v. Sisuphan
Case #: A122351
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/29/2010
  • Categories: Admitting/Excluding, Areas Constitutional Law, Crimes, Crimes Against Property, Defenses, Evidence, Miscellaneous defenses, Present a Defense

Penal Code section 512 does not provide a defense to embezzlement for those who return the property before charges are filed. Appellant, the supervising finance manager at a car dealership, was charged with embezzlement (Pen. Code, § 508) based on…

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Name: In re Miguel H.
Case #: B214864
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 01/12/2010
  • Categories: Crimes, Crimes Against Property, Elements of Crimes

A school is a "public place" for the purpose of Penal Code section 594.1, subdivision (e)(1), which prohibits a person under the age of 18 years from possessing an aerosol container to deface a public place. The minor, accused of…

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