P. v. Shekell
A jury convicted defendant and appellant Jeffrey Allen Shekell of one count of grand theft of personal property (Pen. Code, §§ 487, subd. (a), 504a; embezzlement of leased property; all further statutory references are to the Penal Code unless noted). The court found true a related allegation he committed the offense while on bail pending judgment in another felony offense (§ 12022.1, subd. (b)). Imposition of sentence was suspended and Shekell was placed on probation for three years, conditioned on serving 180 days in county jail, and restitution orders were made.
On appeal, Shekell contends the trial court inappropriately gave a pattern instruction on theft by embezzlement, as modified to add the statutory language of section 504a. He argues this instruction did not properly pertain to the specialized facts underlying this theft charge, nor to his good faith defense, and that the trial court failed in its sua sponte duty to give an instruction on the actual elements of the offense, more precisely focusing upon its fraudulent intent requirement. (People v. Eddington (1962) 201 Cal.App.2d 574, 578-579 (Eddington).)
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