People v. Pena

Opinion

BRAY, J. *

Defendant appeals from judgment, after jury trial, of the Contra Costa County Superior Court finding defendant guilty of violation of Penal Code sections 484 and 487, subdivision (grand theft).

Issue Presented

Does CALJIC No. 14.26 represent an incorrect statement of law?

Record

Defendant was charged by the District Attorney of Contra Costa County of violation of Penal Code sections 484 and 487, subdivision 1 (grand theft), and alleging one prior felony conviction. The jury found defendant guilty as charged and he admitted the prior conviction. Judgment was entered accordingly…