California Court of Appeal
People v. Nguyen, A133591
Defendant's conviction for burglary is affirmed, where: 1) there was substantial evidence to support a conviction for attempted theft by larceny where defendant picked up the laptop computers and placed them in the empty printer box with the intent of taking them from the store without paying the full laptop price; 2) the jury's implicit finding that defendant entered the store with the intent to commit theft, and therefore his conviction for burglary, was supported by substantial evidence; and 3) any error in failing to instruct the jury on theft by false pretenses was harmless, since an instruction on theft by false pretenses merely would have added another theory of theft on which the jury could have convicted him.
Appellate Information
- Decided 06/18/2013
- Published 06/18/2013
Judges
- MARGULIES
Court
- California Court of Appeal