How have courts dealt with allegations that a car was stolen from a parking area?

California, United States of America


The following excerpt is from People v. Zapata, B253025 (Cal. App. 2015):

More recently, in People v. Gomez (2011) 192 Cal.App.4th 609, the victim was assaulted on the grounds of his apartment complex away from the parking area; the assailants beat him and either took his keys or found them on the ground during the attack, and then drove off in their own car. The assailants returned 10 or 20 minutes later, after the victim had fled into his apartment and watched the assailants try to enter the apartment. After failing to gain entry, the assailants went to the victim's truck parked about 10 feet from the apartment, used the key and drove away. (Id. at pp. 613-615.) The defendant argued there was insufficient evidence he took the car from the victim's

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