Does a claim of right defense negate the intent requirement for theft?
California, United States of America
The following excerpt is from People v. Dunbar, G052456 (Cal. App. 2018):
A claim of right defense negates the intent requirement for theft.9 The court has no sua sponte obligation to give this instruction, and defense counsel must request it and be refused in order to constitute error. (See People v. Lawson (2013) 215 Cal.App.4th 108, 119.) Dunbar's counsel did not request this instruction. He therefore claims his counsel was ineffective.
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