IN RE JESUS O.

No. S140865.

55 Cal.Rptr.3d 523 (2007)

40 Cal.4th 859

152 P.3d 1100

In re JESUS O., A Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Jesus O., Defendant and Appellant.

Supreme Court of California.

March 8, 2007.


Attorney(s) appearing for the Case

Patricia Ihara, under appointment by the Supreme Court, Irvine, and Kiana Sloan-Hillier, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Mary Jo Graves, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Margaret E. Maxwell, Stephanie Brenan, Kristofer Jorstad, Lawrence M. Daniels and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.


CHIN, J.

Theft "from the person of another" is grand theft. (Pen.Code, § 487, subd. (c).) Here, the juvenile and a cohort, intending to steal property, assaulted someone who possessed a cellular telephone. The victim dropped the telephone while fleeing. Thereafter, the cohort picked the telephone off the ground and kept it. We must decide whether these facts constitute grand theft from the person. Because the telephone was on the victim's person when the assault...

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