Can a defendant be convicted of theft by false pretense?

California, United States of America


The following excerpt is from People v. Kuo, A154726 (Cal. App. 2020):

A defendant cannot be convicted of theft by false pretenses unless (1) the false pretense was accompanied by "a false token or writing"; (2) "some note or memorandum" of the false pretense is signed or handwritten by the defendant; or (3) "the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances." ( 532(b); see CALCRIM No. 1804.) "The circumstances connected with the transaction, the entire conduct of the defendant, and his [or her] declarations to other persons may be looked to for the corroborative evidence contemplated by the law." (People v. Randono (1973) 32 Cal.App.3d 164, 173 [interpreting former version of section 532].)

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