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Name: People v. Rivera
Case #: D040216
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/18/2003
Subsequent History: Rehrg. den. 6/18/03

Appellant and a companion were seen sitting in a parked Ford Escort. The car’s windows had been broken, and the interior was in disarray. Appellant was then observed exiting the car, throwing papers and a screwdriver on the ground. He ran when he saw police officers. Appellant was convicted of auto burglary, and on appeal, challenged the sufficiency of evidence that the car had been locked. The appellate court here affirmed. It was not rational to conclude that the car was not locked, when the window was broken and had not been broken six…

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Name: In re James B.
Case #: E031974
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/12/2003
Subsequent History: None

Where the doors of a car were locked, but the window left down about three inches for ventilation, the doors of the car were locked for purposes of the auto burglary statute (Pen. Code, § 459). Here the minor reached through the open window and unlocked the door to gain entry to the…

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Name: People v. Magee
Case #: F039784
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/20/2003
Subsequent History: Rev. denied 6/11/03

Appellant was convicted of being an accessory to a robbery in violation of Penal Code section 32. The jury was instructed pursuant to CALJIC 6.40 that they had to find that a robbery had been committed, but it was not instructed on the elements of robbery (with the consent of both counsel.) The appellate court here found that the failure to instruct on the elements of robbery violated appellant’s right to have the jury find beyond a reasonable doubt every element of the crime. (Contrary to the decision issued by the Fourth District in People v. Shields…

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Name: People v. Pugh
Case #: D038540
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/06/2002
Subsequent History: None

A buyer who has reached a verbal agreement to purchase a boat commits forgery when he presents an agreement he himself wrote and to which he pasted the seller’s signature to a police officer who has been called to resolve a dispute arising from later disagreement as to the terms of the purchase. Contentions of improper prosecutorial argument were waived by the failure to object by the defendant, who represented himself. To paraphrase the court, he stumbled into one of the many pitfalls of…

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Name: In re Danny H.
Case #: B154445
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 12/06/2002
Subsequent History: None

For purposes of the statute prohibiting possession of spray paint by a minor in a "public place" (Pen. Code sec. 594.1, subd.(e)), a trestle owned by a railroad is a public place. The court saw no need to decide the minor’s contention that his maximum confinement time was improperly calculated under Penal Code section 654, because he received probation at…

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Name: People v. Hoard
Case #: E030278
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/07/2002
Subsequent History: None

The Court of Appeal found the evidence insufficient as a matter of law to sustain a kidnaping conviction under Penal Code section 209, where the defendant in the course of robbing a jewelry shop moved the employees 50 feet from the front room to an office in the back and tied their ankles and wrists with duct tape and taped their mouths. (2-1.) Citing People v. Daniels (1969) 71 Cal.2d 1139, the court found the fact that the movement of the victims was merely incidental to the robbery was significant and declined to analyze whether the movement was…

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Name: In re L.T.
Case #: B156971
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/30/2002
Subsequent History: 1/15/03: revw. denied

Arson is committed under Penal Code section 451 when a student burns trash in a school trash can. The trash did not belong to the juvenile, and the court declined an invitation to limit arson to burnings of property which have been discarded as trash by someone…

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Name: People v. Montoya
Case #: F039071
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/25/2002
Subsequent History: Rev. granted 1/15/03: S111662

Vehicle theft under Vehicle Code section 10851 is not a lesser included offense to carjacking under Penal Code 215 because carjacking can be committed without committing a vehicle theft. Carjacking is more nearly a crime against the person rather than a crime against property. Vehicle theft is a crime against ownership, and thus an owner of a car may commit a carjacking of his own car from the possession of someone to whom the owner has entrusted it, but not commit vehicle…

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Name: People v. Nguyen
Case #: S075300
Court: CA Supreme Court
District CalSup
Opinion Date: 12/28/2000
Subsequent History: Modified on 1/17/01, without change in judgment

Disapproving People v. Mai (1994) 22 Cal.App.4th 117, the California Supreme Court held that California's Penal Code section 211 requires a robbery victim to have been in possession of the property taken. Penal Code section 211 does not adopt the view contained in Model Penal Code section 222.1, which defines robbery as the use of force or fear against any person during the commission of a theft. In California, in order for a robbery to be committed, a victim must be in possession of the property. The court cited approvingly the cases which utilized the concept of…

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Name: In re Nicholas Y.
Case #: B142520
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 12/21/2000
Subsequent History: Rev. den. 4/11/01

Writing on the glass window of a projection booth of a motion picture theater constitutes defacing, and therefore vandalism within the meaning of Penal Code section 594, even where the writing can be wiped off. The defacing is not required to be permanent. It would be irrational to hold that a marker on glass is not defacement, while paint on stucco…

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