What is the test for intent to commit grand or petit larceny or any felony?

California, United States of America


The following excerpt is from People v. Wilkinson, F072052 (Cal. App. 2017):

intent to commit "grand or petit larceny or any felony." While the People may be able to demonstrate appellant's conviction would remain a felony under a theory of intent to commit theft, no opportunity was provided to make such a showing and no additional facts were accepted by the trial court. (See, e.g., People v. Manning (2014) 226 Cal.App.4th 1133, 1144 [under Proposition 36, demonstration of initial eligibility required remand so prosecutor could be given an opportunity to demonstrate disqualifying conduct].) A remand is therefore appropriate to determine whether appellant is eligible for redesignation in the 218 case.

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