P. v. Juarez CA3
A jury found defendant Carlos Juarez III guilty of first degree burglary (Pen.
Code, § 459), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)), vandalism (§ 594, subd. (b)(1)), and shoplifting (§ 459.5). The trial court sentenced him to an aggregate term of four years eight months in prison: four years in this case and a consecutive eight months in another case. Defendant now contends his shoplifting conviction based on his return of shoes to a shoe store must be reversed because the trial court prejudicially erred by instructing the jury on the wrong theory of theft. According to defendant, the trial court should have instructed the jury on theft by false pretense rather than theft by larceny. We will reverse the shoplifting conviction and remand for retrial on count 4. We will otherwise affirm the judgment.
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