Is grand theft not necessarily included in the crime of robbery?

California, United States of America


The following excerpt is from People v. Ortega, 19 Cal.4th 686, 80 Cal.Rptr.2d 489, 968 P.2d 48 (Cal. 1998):

4 The only published decision that contains language to the contrary is People v. Goins (1981) 118 Cal.App.3d 923, 926, 173 Cal.Rptr. 655, in which a divided Court of Appeal stated, without citation of supporting authority or discussion of the substantial authority to the contrary, that "grand theft is not necessarily included [in the crime of robbery] for the reason that robbery can be committed without necessarily committing grand theft." The court in Goins nevertheless affirmed the judgment of conviction for grand theft where the defendant had been charged with robbery, because the defendant had requested that the jury be instructed that it could find the defendant guilty of the necessarily included offense of grand theft. To our knowledge, no decision has cited the decision in Goins for the proposition that grand theft is not a necessarily included offense of robbery.

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