What is the legal test for instructing a jury on theft by larceny?

We independently review issues relating to the validity of jury instructions. (People v. Burch (2007) 148 Cal.App.4th 862, 870.) The court instructed the jury on theft by larceny in accordance with CALCRIM No. 1800 as follows: "To prove that the defendant is guilty of [theft by larceny], the People must prove that: [] 1. The defendant took possession of property owned by someone else; [] 2. The defendant took [the] property without the owner's or owner's agent's consent; [] 3. When the defendant took the property he intended to deprive the owner of it permanently or to

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