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PEOPLE v. LOEBLICH

No. C061807.

THE PEOPLE, Plaintiff and Respondent, v. ELIZABETH KAREN LOEBLICH, Defendant and Appellant.

Court of Appeals of California, Third District, Yolo.

Filed March 24, 2011.

NOT TO BE PUBLISHED

MAURO, J.

Defendant Elizabeth Karen Loeblich was convicted of grand theft and embezzlement and sentenced to three years in state prison. She contends on appeal that the trial court failed to instruct the jury sua sponte on the affirmative defenses for "claim of right" and "mistake of fact," and also on the appropriate burden of proof.

We conclude that substantial evidence does not support sua sponte instructions for "claim of...

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