People v. John CA3

Filed 5/6/15 P. v. John CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C076655

Plaintiff and Respondent, (Super. Ct. No. 11F02682)

v.

BOBBY D. JOHN,

Defendant and Appellant.

A jury found defendant Bobby D. John guilty of grand theft of a firearm after he stole a closed safe that contained a handgun. On appeal, defendant argues that theft includes a knowledge requirement that was not proven here and on which the trial court failed to instruct the jury. Because we conclude that the offense of theft by larceny requires simply that the defendant intended to steal the property of another and does not require that the defendant know what is being stolen, we find no merit in defendant’s…