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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

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 testified that the hood of her car was closed and that it was normally opened by pulling a release latch inside the passenger compartment. A witness later observed appellant use a tool to pry open the hood of the Toyota. The jury convicted appellant of vehicle burglary. The appellate court rejected appellant's argument that entry into the hood area does…

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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

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), and petty theft with a prior (count 3). He admitted four prior prison terms, and was sentenced to a six-year state prison term consisting of a two-year midterm on count 1 plus four consecutive one-year terms for the priors. A concurrent term was imposed for count three, and the term for count 2 was stayed under section 654. On…

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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

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 lists of people's personal identifying information from appellants' house. Based on the evidence they were convicted of multiple counts of receiving stolen property, forgery of blank and altered checks, and possession of forged driver’s licenses. The court imposed consecutive or concurrent sentences on all counts. Appellants noted that the receiving counts involved different property stolen from…

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Name: People v. Love
Case #: C055398
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/16/2008

A violation of fraudulent use of a credit card under Penal Code section 484g, subdivision (a) does not require a completed acquisition. Appellant, a dental office receptionist, tried to use a patient’s credit card to buy a gift card, but the store cancelled the order and prevented the gift card from being issued. Appellant argued her conviction had to be reversed because she only committed an attempted fraudulent use of the card. The appellate court affirmed. Section 484g, subdivision (a) has two elements: (1) that defendant use the access card or account information, and (2) that she do so for obtaining something of value. Therefore, a…

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Name: People v. Cuellar
Case #: C056855
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/31/2008

Defendant who grabbed back check from store clerk was guilty of grand theft from the person. Cuellar attempted to purchase some cosmetics at Nordstrom using a previously signed check from Becker's bank account. The sales clerk became suspicious and took the check to a back office. After a few minutes, Cuellar went to the back office to retrieve the check, grabbing it from the clerk's hand. Becker later confirmed the check was his from an old account and that Cuellar did not have permission to use it. The jury found Cuellar guilty of several offenses, including grand theft…

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Name: People v. Carrasco
Case #: B193002
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/06/2008

There was sufficient evidence of attempted arson where appellant entered a sheriff's station with gasoline and a lighter. Carrasco was arrested in a sheriff's station wshen he threatened officers and refused to leave. During a scuffle, officers found a lighter in Carrasco's hand, and a gasoline container in his duffle bag, along with several gasoline soaked strips of cloth. fter the lighter was confiscated, Carrasco stated, "I should have done it." On appeal, Carrasco challenged the sufficiency of evidence to support his conviction for attempted arson, arguing that the evidence showed only preparation. The appellate…

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Name: People v. Gomez
Case #: S140612
Court: CA Supreme Court
District CalSup
Opinion Date: 04/10/2008

Attempt to use force while fleeing with property is robbery. Gomez entered the victim's restaurant when the victim was not present and pried open and took money from the ATM in the lobby. The victim entered and saw Gomez, who fled. The victim followed Gomez, hoping to help police find him. While he was pursuing Gomez, Gomez fired two shots at the victim. Gomez drove away, and was arrested a short time later with money from the ATM in his backpack. He was convicted of second degree robbery and commercial burglary. On appeal, Gomez argued…

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Name: Tall v. Mukasey
Case #: 06-72804
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/27/2008

California Penal Code section 350, subdivision (a) (knowing possession for sale of a registered counterfeit mark) is a crime of moral turpitude that will subject an alien to deportation. Under the categorical approach utilized to determine if a crime is one of moral turpitude because it involves fraud, section 350 (a) is inherently a fraudulent crime and, thus, one of moral turpitude. (Taylor v. United States (1990) 495 U.S. 575). In essence, section 350, subdivision (a) is a species of theft. Either an innocent purchaser is tricked into buying a fake item, or even if the purchaser…

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Name: People v. Gill
Case #: C051108
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/22/2008

There was sufficient evidence of burglary where a husband entered a home he previously moved out of with the intent to assault his wife. Gill and his wife were having marital problems, and the wife told him to leave the house. Gill left, but returned to break into the house and threaten, assault, sexually abuse, and kidnap his wife. Gill was convicted of numerous felonies, including burglary. On appeal, he contended that a man who breaks into his family home after a marital fight is not guilty of residential burglary. The appellate court disagreed, and…

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Name: People v. Thomas
Case #: B169300
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/01/2007

A purse snatch satisfies the force or fear element of robbery where the thief takes the purse from the victim with enough force to get it away from her. Appellant argued on appeal that the evidence was insufficient to support her conviction for robbery, and that she was only guilty of grand theft from the person. She contended that grabbing a purse from a victim with just enough force to get it away while she attempted to hold on to it, demonstrated grand theft from the person without additional threatening, scaring, harming, pushing, or otherwise confronting the victim…

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