Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime?

California, United States of America


The following excerpt is from People v. Beckham, B241516 (Cal. App. 2014):

Applying the standard to the present case, the question is whether an individual who commits the crime of grand theft auto in violation of section 487, subdivision (d) necessarily violates section 666.5. The answer is no. The crime of grand theft auto is complete when an automobile is taken with the specific intent to permanently deprive the owner of the property. ( 484, 487; People v. Davis (1998) 19 Cal.4th 301, 305.) There is no requirement that the perpetrator have a criminal record. In contrast, section 666.5 does not apply unless the defendant has been previously convicted of an enumerated felony. As a result, one can commit the offense of grand theft auto without violating section 666.5.

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