Does grand theft require a motor vehicle to be taken in a robbery?
California, United States of America
The following excerpt is from People v. Rush, 16 Cal.App.4th 20, 20 Cal.Rptr.2d 15 (Cal. App. 1993):
To return to the question: if one commits robbery has he or she necessarily committed grand theft vehicle? The answer is plain: no. Grand theft vehicle requires the taking of a "motor vehicle" ( 487h, subd. (a)). 13 Since a robbery can be committed by taking a pack of cigarettes, an empty wallet, a one-dollar bill, or a ripped-off pants pocket one can commit a robbery without committing grand theft vehicle.
PEOPLE v. IRVIN
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