California, United States of America
The following excerpt is from People v. Green, 34 Cal.App.4th 165, 40 Cal.Rptr.2d 239 (Cal. App. 1995):
"The elements necessary to establish a violation of section 10851 of the Vehicle Code are the defendant's driving or taking of a vehicle belonging to another person, without the owner's consent, and with specific intent to permanently or temporarily deprive the owner of title or possession. [Citations.]" (People v. Windham (1987) 194 Cal.App.3d 1580, 1590, 240 Cal.Rptr. 378.) Accordingly, knowledge that the vehicle was stolen is not an element of the offense. Such knowledge is merely one of various alternative factors evidencing an intent to deprive the owner of title and possession. (People v. Hallman (1973) 35 Cal.App.3d 638, 641, 110 Cal.Rptr. 891.)
"When a defendant challenges the sufficiency of the evidence, the test on appeal is whether there is substantial evidence to support the conclusion of the trier of fact. [Citations.] Circumstantial evidence may be sufficient to connect a defendant with the crime and to prove his guilt beyond a reasonable doubt. [Citation.]" (People v. Pierce (1979) 24 Cal.3d 199, 210, 155 Cal.Rptr. 657, 595 P.2d 91.) Moreover, " '[i]f the circumstances reasonably justify the [conviction], the opinion of the reviewing court that those circumstances might also reasonably be reconciled with the innocence of the defendant will not warrant interference with the determination....' [Citations.]" (People v. Roberts (1975) 51 Cal.App.3d 125, 138, 123 Cal.Rptr. 893.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.