What is the test for a person who violates section 10851(a) of the California Highway Traffic Code by driving without a license to do so?

California, United States of America


The following excerpt is from In Re W.R., B224494, Super. Ct. No. FJ44521 (Cal. App. 2011):

Appellant's challenge to the sufficiency of the evidence that he had the specific intent to temporarily or permanently deprive the owner of possession also lacks merit. The specific intent to deprive the owner of possession of his vehicle "'"may be inferred from all the facts and circumstances of the particular case."' [Citation.]" (People v. O'Dell (2007) 153 Cal.App.4th 1569, 1577.) A person violates section 10851(a) by driving a vehicle "'with the intent only to temporarily deprive its owner of possession (i.e., joyriding).' [Citations.]" (People v. Garza (2005) 35 Cal.4th 866, 876.)

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