Avery

Under California law, theft requires an intent to permanently deprive another of property. (See People v. Ortega (1998) 19 Cal.4th 686, 693 [ 80 Cal.Rptr.2d 489 , 968 P.2d 48 ].) We granted review to determine whether this requirement is satisfied by the intent to take the property only temporarily, but for so extended a period of time as to deprive the owner of a major portion of its value or enjoyment. We conclude such an intent is sufficient.

I. Procedural History

A court convicted defendant of arson and found true that he had suffered a prior serious felony conviction, specifically, a 1983 Texas conviction for burglary. Regarding the burglary conviction, the record shows that defendant had been charged by indictment in Texas with entering the habitation of another with the “intent to commit theft,” and he pleaded no contest to “burglary of a habitation with intent to commit theft.” The record provides no other information about the nature of the Texas burglary.

On appeal, defendant argued that, for a number of reasons, the evidence was insufficient to show that the Texas conviction was a serious felony under California law. The Court of Appeal agreed with one of…