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Criminal Law keyed to Dripps
People v. Cook
Facts
After Frank Billy Ray Cook (Defendant) took a Mercury vehicle from the Frahm Pontiac dealership under questionable circumstances related to its purchase, he was charged with grand theft auto and violating § 10851 of the Vehicle Code. Section 10851 provides that “[a]ny person who drives or takes a vehicle not his own, without the consent of the owner . . . and with intent either permanently or temporarily to deprive the owner thereof of this title to or possession of the vehicle . . . is guilty of a felony.” Defendant was acquitted by a jury on the grand theft auto count but convicted of violating section 10851. After Defendant’s motion for a new trial was denied and he was sentenced to a term of imprisonment, he appealed.
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