What is the test for a jury to overturn a verdict of grand theft?

California, United States of America


The following excerpt is from People v. Valenzuela, 2d Crim. No. B256440 (Cal. App. 2015):

54 Cal.4th 1186, 1215.) We "'presume in support of the judgment the existence of every fact the jury could reasonably have deduced from the evidence. . . . A reversal for insufficient evidence "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support'" the jury's verdict. . . .' [Citation.]" (People v. Manibusan (2013) 58 Cal.4th 40, 87.)

Grand theft requires that property be taken from the person of another, with the intent to deprive the person of his property. ( 487, subd.(c); In re Jesus O. (2007) 40 Cal.4th 859, 862.) "Evidence of intent to commit a theft 'is rarely demonstrated by direct proof, and as a result, may be inferred from facts and circumstances.' [Citation.]" (People v. Hussain (2014) 231 Cal.App.4th 261, 273.) "When someone, intending to steal, causes property to become separated from the victim's person, then gains possession of the property, the theft is from the person." (In re Jesus O., supra, at p. 861.)

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