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Not error in failure to instruct on lesser theft in purse snatch case resulting in robbery conviction

People v. Burns (2009) , Cal.App.4th,  Second Dist., Apr. 8, 2009
Def and friend follow victim out of store and down street.  After victim enters building, Def grabs her purse and yanks it from her, also stepping on her tow.  At trial issue is mistaken identity and no request is made for theft from person.  Appeal [...]

Reversal based on failure to give unanimity instruction

People v. Norman (2007) , Cal.App.4th [No. C050586. Third Dist. Nov. 30, 2007
Victim sees pair ripping off apartment mailboxes and provides descriptions.  Police respond and eventually locate suspect vehicle. Def and buddy approach vehicle, and they matching description given by victim.  Def arrested and vehicle is searched and found to have stolen mail.  Def has stolen [...]

Person cannot be convicted of both theft and recieving same property-if theft-then recieving must be vacated

People v. Recio (2007) , Cal.App.4th [No. G038054. Fourth Dist., Div. Three. Oct. 31, 2007
Def charged with robbery, recieving and assault in connection with single theft/assault relating to bike.  Jury convicts of lesser petty theft, recieving and misd, assault.  First- it was error to fail to instruct jury that they could NOT convict on both [...]

Welfare fraud prior does not count as prior under PC 666 (petty thert with prior)

Bradwell v. Superior Court (People) (2007) , Cal.App.4th[No. C054546. Third Dist. Oct. 19, 2007
A welfare fraud conviction under Welfare and Institutions Code section 11483 cannot be used as the prior (theft-related) conviction for a Penal Code section 666 criminal charge of petty theft with a prior.