California Court of Appeal

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People v. Tabb, D051402

Conviction and sentence for grand theft of personal property worth over $400, grand theft by an employee, and petty theft with a prior are affirmed in part and reversed in part where: 1) based on defendant's record, the petty theft conviction had to be reversed; 2) because grand theft by an employee is merely a species of grand theft, and the evidence did not permit an inference that criminal-defendant's thefts from his employer were committed pursuant to separate and distinct intents or schemes, defendant could be convicted of only one count of grand theft; 3) the jury reasonably concluded defendant was guilty of taking parts from defendant's employer for purposes of his grand theft conviction; and 4) the trial court did not abuse its discretion in its restitution award.

Appellate Information

  • Decided 01/30/2009
  • Published 01/30/2009


  • O'ROURKE, J.


  • California Court of Appeal


  • For Appellees:
  • Maureen J. Shanahan, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillett, Gary W. Schons, Assistant Attorneys General, Gil Gonzalez and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and Respondent.
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