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Criminal Law Keyed to Lee
People v. Navarro
Citation:
90 Cal. App. 3d Supp. 2, 160 Cal.Rptr. 692 (Super. 1979)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Navarro was charged with grand theft after stealing four wooden beams from a construction site. The jury convicted him of petty theft, a lesser included offense.
Navarro appealed this conviction, arguing that the jury was improperly instructed. The facts suggested that the jury could have found that Navarro either believed that the beams had been abandoned as worthless and that the owner had no objection to him taking them, or that they had substantial value, had not been abandoned, and Navarro had no right to take them. Navarro requested a jury instruction that he must be acquitted if he had believed that the beams were abandoned, even if such belief was unreasonable. The trial court rejected his request and told the jury that the good faith belief must be reasonable.
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