People v. Jesus O.

Opinion

CHIN, J.

Theft “from the person of another” is grand theft. (Pen. Code, § 487, subd. (c).) Here, the juvenile and a cohort, intending to steal property, assaulted someone who possessed a cellular telephone. The victim dropped the telephone while fleeing. Thereafter, the cohort picked the telephone off the ground and kept it. We must decide whether these facts constitute grand theft from the person. Because the telephone was on the victim’s person when the assault began, and the victim did not voluntarily lay it aside but dropped it while fleeing, we conclude that they do. When someone,…