Crimes Against Property

Name: People v. Leal
Case #: B211365
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/23/2009
  • Categories: Crimes, Crimes Against Property, Elements of Crimes, Lesser-Included Offenses

Convictions for rape and sexual penetration by artifice, pretense or concealment can be based on passive, as opposed to active, concealment. Appellant entered a residence through a window and had sexual with a woman who was sleeping next to her…

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Name: In re J. H.
Case #: B212635
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/03/2009
Subsequent History: rev. granted 1/20/10 (S179579)
  • Categories: Crimes, Crimes Against Property, Mens Rea

An arson conviction requires proof of a malicious mental state despite the fact that it is a general intent crime. The minor and his friends were playing with firecrackers in the woods and caused a fire that burned five acres.…

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Name: People v. Smith
Case #: A118208
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 09/29/2000
  • Categories: Consent of victim, Crimes, Crimes Against Property, Defenses

Where store owner consents to taking of store's property, defendant still commits a robbery if he takes store property by means of force of fear from employees unaware of the consent. At appellant's robbery trial, the prosecution's theory was that…

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Name: People v. Flores
Case #: F055859
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/17/2009
  • Categories: Crimes, Crimes Against Property, Lesser-Included Offenses

Battery by a prisoner on a non-prisoner (Pen. Code, § 4501.5) is a necessarily included offense of battery by gassing (Pen. Code, § 4501.1). As a correctional officer was leaving appellant's cell, the officer heard appellant spit and felt spittle…

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Name: People v. Thorn
Case #: A121336
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/31/2009
  • Categories: Crimes, Crimes Against Property, Elements of Crimes, General Principles, Jury Instructions

Vehicle burglary from a car parked in the carport under an apartment building was first degree residential burglary. Thorn was observed getting in and out of a vehicle he did not own and was seen carrying a screwdriver. The vehicle…

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Name: People v. Ugalino
Case #: C055469
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/09/2009
  • Categories: Attempts, Crimes, Crimes Against Property

Attempted robbery conviction reversed where victim had no ownership of or relationship to the targeted property. Appellant was convicted of, among other offenses, attempted robbery of Rider. On appeal, he argued that he could not be convicted of attempting to…

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Name: People v. Magallanes
Case #: G040133
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/28/2009
  • Categories: Crimes, Crimes Against Property, Elements of Crimes

There was sufficient evidence of carjacking where appellant stole a car as the victim was leaning into the back seat to put her child in the car seat. The victim was leaning into the back seat of her car, putting…

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Name: People v. Henry
Case #: B206420
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 03/23/2009
  • Categories: Crimes, Crimes Against Property, Elements of Crimes

Entry into the hood area of a locked vehicle constitutes vehicle burglary. At trial on the charge of vehicle burglary (Pen. Code, sec. 459), the owner of a Toyota Camry testified that she parked and locked her car. She also…

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Name: People v. Tabb
Case #: D051402
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/30/2009
  • Categories: Crimes, Crimes Against Property, Lesser-Included Offenses

An employee who stole from an employer could not be convicted of both grand theft and grand theft from an employer. Tabb was convicted of grand theft of property over $400 (count 1), grand theft by an employee (count 2),…

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Name: People v. Morelos et al.
Case #: F052418
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/24/2008
  • Categories: Crimes, Crimes Against Property, Double Punishment (PC 654), Sentencing

Unless a defendant receives multiple items of stolen property at a single time, multiple convictions of stolen property are permissible. Police seized sheets of blank checks and counterfeit money, check printing software, driver's licenses, social security cards, credit cards, and…

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