People v. Llamas
California Court of Appeal
51 Cal. App. 4th 1729 (1997)
- Written by Carolyn Strutton, JD
Facts
Frankie Llamas (defendant) was married to Irma Llamas. Irma owned a car that she had purchased during the marriage, and the car was therefore considered community property. One day Irma and Frankie argued about Frankie’s use of the car. Frankie took the car without Irma’s permission, and Irma reported to the police that the car had been stolen. A few days later, a police officer stopped Frankie by the car and arrested him for stealing it. Frankie was charged with vehicle taking, along with other charges related to a gun and drugs that were found in the vicinity of the car when Frankie was arrested. The jury was instructed that Frankie could be convicted of vehicle taking if he took the car intending to either permanently or temporarily deprive Irma of the car. Frankie was convicted and appealed, alleging among other claims that the evidence was insufficient to uphold the charge of vehicle taking.
Rule of Law
Issue
Holding and Reasoning (Benke, J.)
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