What are the elements of intent to commit theft by false pretenses?

California, United States of America


The following excerpt is from People v. Nguyen, A133591 (Cal. App. 2014):

Defendant contends the evidence did not support a burglary conviction based on intent to commit larceny, the theory of theft on which the jury was instructed.3 He argues the evidence supports a conclusion he intended to commit, if anything, theft by false pretenses by disguising the laptop computers in the printer box, paying the stated price for the printer at the sales counter, and, contrary to the theory of larceny, "tak[ing] the laptops from the store with consent." We review defendant's conviction for substantial evidence to support each of the elements of intent to commit theft by larceny. (People v. Livingston (2012) 53 Cal.4th 1145, 1172.)

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