People v. Bell
197 Cal. App. 4th 822
Cal. Ct. App.2011Background
- Bell used Leah Taylor’s identity to sign a one-year apartment lease in April 2007.
- She resided in the apartment with others while never paying rent on time; collection issues emerged early.
- Healstone Property Management pursued an unlawful detainer after continued delinquency and returned checks.
- A judgment allowed garnishment of $3,000 from Taylor’s bank account; Taylor later sought to recover funds and credit.
- Bell was convicted by a jury of identity theft, false personation, false financial statement, and grand theft; sentence imposed.
- On appeal, Bell challenged the grand theft conviction; the court affirmed the conviction and later the concurrence dissented on the theft issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grand theft is supported by substantial evidence of intent to permanently deprive | Bell argues there is no substantial evidence of permanent deprivation intent. | Bell's permanent-deprivation intent is shown by unpaid rent and false pretenses. | Yes; substantial evidence supports permanent-deprivation intent |
Key Cases Cited
- People v. Davis, 19 Cal.4th 301 (Cal. 1998) (flexible intent-to-deprive-permanently standard for theft)
- People v. Turner, 267 Cal.App.2d 440 (Cal. App. 1968) (limits on intent to deprive; joyriding analogies)
- People v. Avery, 27 Cal.4th 49 (Cal. 2002) (intent to deprive extended to major portion of value/enjoyment)
- People v. Brown, 105 Cal. 66 (Cal. 1894) (early framing of intent to deprive permanently)
- People v. Zangari, 89 Cal.App.4th 1436 (Cal. App. 2001) (supporting interpretation of deprive-main-value concept)