PEOPLE v. BRADY

Docket No. A051997.

234 Cal.App.3d 954 (1991)

286 Cal. Rptr. 19

THE PEOPLE, Plaintiff and Appellant, v. SCOTT PATRICK BRADY et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

September 27, 1991.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Stan M. Helfman and Violet M. Lee, Deputy Attorneys General, for Plaintiff and Appellant.

Rodney R. Jones and Paul Couenhoven, under appointments by the Court of Appeal, for Defendants and Respondents.


OPINION

LOW, P.J.

We hold that the illegal taking and killing of abalone from coastal waters may not be punished as grand theft under Penal Code section 487, subdivision 1, although it is punishable under several provisions of the Fish and Game Code.1 We affirm the order setting aside count 2.

Defendants were observed by fish and game officers illegally taking 196 abalone from the coastal waters...

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