People v. Pena

Opinion

BRAY, J.

*

Defendant appeals from judgment, after jury trial, of the Contra Costa County Superior Court finding defendant guilty of violation of Penal Code sections 484 and 487, subdivision 1 (grand theft).

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Issue Presented

Does CALJIC No. 14.26 represent an incorrect statement of law?

Record

Defendant was charged by the District Attorney of Contra Costa County of violation of Penal Code sections 484 and 487, subdivision 1 (grand theft), and alleging one prior felony conviction. The jury found defendant guilty as charged and he admitted the prior conviction. Judgment was entered accordingly and defendant was committed to the California Rehabilitation Center. There is no dispute as to the sufficiency of the evidence. Defendant entered Macy’s Department Store at the Concord Sun Valley Mall and stole two men’s leather jackets. The prosecution witnesses placed their fair market value at between $125 and $150 each. The defense witness placed the fair market value at $105 each, but testified that her store would sell them at $95 a piece and that some stores in the area would sell them for more than $105 each. The jury found them to be worth at least $ 100 each.

Does CALJIC No. 14.26 represent an incorrect statement of law?

The court instructed the juiy in accordance with CALJIC Nos. 14.26 and 14.27.

1

CALJIC No. 14.26 is based on Penal Code section 484 which states in pertinent part: “In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test,...”

Defendant contends that this instruction misstates the law and should not have been utilized as a guideline for any witness or in the jury’s determination.

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