P.

P. v. Talamantez CA5

Good Law
Court of Appeal of CaliforniaJuly 15, 2013F065024California732 words

Opinion

Opinion

DISCUSSION

Sufficiency of the Evidence Talamantez contends there was insufficient evidence of the value of the stolen property to support a conviction for grand theft. We disagree. All statutory references are to the Penal Code unless otherwise stated.

2. We review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence (evidence of reasonable, credible and solid value) based upon which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Osband (1996) 13 Cal.4th 622, 690.) Theft is divided into two categories: grand theft and petty theft. (§ 486.) Grand theft is taking of personal property of a “reasonable and fair market value” exceeding $950. (§§ 484, 487, subd. (a).) The value of an item of stolen personal property, whether new or used, is measured at the time and place of its theft. (People v. Pena (1977) 68 Cal.App.3d 100, 102-104.) “Put another way, „fair market value‟ means the highest price obtainable in the market place rather than the lowest price or the average price.” (Id. at p. 104.) In some instances, fair market value is synonymous with replacement…

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