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PEOPLE v. AVERY

No. S092426.

115 Cal.Rptr.2d 403 (2002)

27 Cal.4th 49

38 P.3d 1

The PEOPLE, Plaintiff and Respondent, v. Robert Derwin AVERY, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied February 20, 2002.

Attorney(s) appearing for the Case

Randy Baker, under appointment by the Supreme Court, Berkeley, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Ronald A. Bass, Assistant Attorney General, Rene A. Chacon and Nanette Winaker, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

Under California law, theft requires an intent to permanently deprive another of property. (See People v. Ortega (1998) 19 Cal.4th 686, 693, 80 Cal.Rptr.2d 489, 968 P.2d 48.) We granted review to determine whether this requirement is satisfied by the intent to take the property only temporarily, but for so extended a period...

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