PEOPLE v. TUFUNGA

No. S072486.

90 Cal.Rptr.2d 143 (1999)

987 P.2d 168

21 Cal.4th 935

The PEOPLE, Plaintiff and Respondent, v. Halaliku Kaloni TUFUNGA, Defendant and Appellant.

Supreme Court of California.

November 15, 1999.


Attorney(s) appearing for the Case

Cliff Gardner, San Francisco, under appointment by the Supreme Court, and Stephen M. Gallenson, under appointment by the Court of Appeal, for Defendant and Appellant.

Eric S. Multhaup, Mill Valley, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Ronald A. Bass, Assistant Attorney General, Stan M. Helfman, Christopher W. Grove and Jeffrey M. Laurence, Deputy Attorneys General, for Plaintiff and Respondent.


BAXTER, J.

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. At common law, a claim of right was recognized as a defense to larceny because it was deemed to negate the animus furandi, or intent to steal, of that offense. (See 4 Blackstone, Commentaries 230 (Blackstone).) Since...

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