MacArthur

Defendant Steve Eric MacArthur challenges his conviction for receiving stolen property. This offense requires the property be stolen or obtained by theft — i.e., taken with the intent of depriving the owner of possession for a sufficiently extended time. Here, some evidence suggested the property had been taken without the requisite intent. Thus, the court had a duty to instruct the jury sua sponte with a definition of “stolen” and “theft,” including the intent requirement. We reverse.

FACTS

The victim noticed a watch, a bracelet, and a pair of earrings worth approximately $7,000 were missing from her Newport Beach house. Her daughter, defendant’s girlfriend, had often taken jewelry from the house and pawned it. Accordingly, the victim contacted a West Covina pawnshop. The pawnshop would not give her any information. She then contacted the West Covina and Newport Beach Police Departments.

Shortly thereafter, a Newport Beach police officer went to the West Covina Police Department, where defendant and his girlfriend were in custody. The officer obtained two pawn slips indicating defendant had pawned the victim’s bracelet and earrings for $185. Defendant acknowledged his…