Does the Attorney General have the authority to give a claim-of-right instruction in the context of a charge of violating section 10851?

California, United States of America


The following excerpt is from People v. Bernal, E057853 (Cal. App. 2014):

6. Although the Attorney General argues that the evidence does not support the giving of the claim-of-right instruction in this case, she does not contend that the defense is inapplicable as a matter of law to a charge of violating section 10851.

7. People v. Watson (1956) 46 Cal.2d 818.

8. The quoted instructions are the written instructions. The instructions given orally on this point differ in one respect. The oral version of the first clause is: "If you find that the defendant believed that he lawfully purchased the motor vehicle not knowing it was stolen . . . ." The difference does not appear to be substantive. Also, the written instructions control over any discrepancy with the oral instructions. (People v. Wilson (2008) 44 Cal.4th 758, 803.)

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