People v. Shannon

78 Cal.Rptr.2d 177 (1998)

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People v. Shannon

Court of Appeal of California
78 Cal.Rptr.2d 177 (1998)

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Facts

Jeffrey Shannon (defendant) took clothes from a department store rack and hid them inside a bag. Shannon took the clothes to a cashier and requested a cash refund. After the cashier gave Shannon the money, security guards arrested Shannon before he exited the store. The State of California (plaintiff) charged Shannon with petty theft as a habitual offender, a felony under the state’s Three Strikes statute. At trial, Shannon’s fiancée testified that she had purchased the clothes and had asked Shannon to return them to the store. The jury convicted Shannon and sentenced him to 25 years’ imprisonment. Shannon appealed, arguing that a completed theft did not occur because he did not leave the store with the clothes and that he did not intend to permanently deprive the store of the clothes.

Rule of Law

Issue

Holding and Reasoning (Ortega, J.)

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