California, United States of America
The following excerpt is from People v. Estrada, D073606 (Cal. App. 2018):
"The claim-of-right defense provides that a defendant's good faith belief, even if mistakenly held, that he has a right or claim to property he takes from another negates the felonious intent necessary for conviction of theft or robbery"i.e., the felonious intent to steal. (People v. Tufunga (1999) 21 Cal.4th 935, 938 (Tufunga).) Because the claim-of-right defense "serve[s] only to negate the mental state element of the charged offense, the trial court's obligation to instruct on the defense 'extended no further than to provide [the
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jury] an appropriate pinpoint instruction upon request by the defense.' " (People v. Covarrubias (2016) 1 Cal.5th 838, 873-874.)
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