What is the test for possession of a stolen vehicle?

California, United States of America


The following excerpt is from People v. Garcia, B275237 (Cal. App. 2017):

"To establish a defendant's guilt of violating Vehicle Code, section 10851, subdivision (a), the prosecution is required to prove that the defendant drove or took a vehicle belonging to another person, without the owner's consent, and that the defendant had the specific intent to permanently or temporarily deprive the owner of title or possession. [Citation.] Knowledge that the vehicle was stolen, while not an element of the offense, may constitute evidence of the defendant's intent to deprive the owner of title and possession." (People v. O'Dell (2007) 153 Cal.App.4th 1569, 1574 (Italics added).) "Possession of recently stolen property itself raises a strong inference that the possessor knew the property was stolen; only slight corroboration is required to allow for a finding of guilt. [Citation.]" (Ibid.)

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