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People v. Cook

California District Court of Appeal, Second District, Division 4
39 Cal.Rptr. 802 (1964)


Facts

After Frank Billy Ray Cook (defendant) took a Mercury vehicle from the Frahm Pontiac dealership under questionable circumstances related to its purchase, he was charged with grand theft auto and violating section 10851 of the Vehicle Code. Section 10851 provides that “[a]ny person who drives or takes a vehicle not his own, without the consent of the owner...and with intent either permanently or temporarily to deprive the owner thereof of this title to or possession of the vehicle...is guilty of a felony.” Cook was acquitted by a jury on the grand theft auto count but convicted of violating section 10851. After Cook’s motion for a new trial was denied and he was sentenced to a term of imprisonment, he appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Burke, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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