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PEOPLE v. MACARTHUR

No. G035368.

47 Cal.Rptr.3d 736 (2006)

142 Cal.App.4th 275

The PEOPLE, Plaintiff and Respondent, v. Steve Eric MacARTHUR, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Three.

August 24, 2006.

Attorney(s) appearing for the Case

Allen G. Weinberg, under appointment by the Court of Appeal, Beverly Hills, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

IKOLA, J.

Defendant Steve Eric MacArthur challenges his conviction for receiving stolen property. This offense requires the property be stolen or obtained by theft—i.e., taken with the intent of depriving the owner of possession for a sufficiently extended time. Here, some evidence suggested the property had been taken without the requisite intent. Thus, the court had a duty to instruct the jury sua sponte with a definition of "stolen" and...

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