Summary of People v. Khoury, Sup. Ct. App Div Los Angeles, 1980

Facts: Df was observed pushing a shopping cart around a store with a large chandelier box in it.  Upon presentment to the cashier, she asked to look inside. He immediately left the box behind and left the store.  The box was opened and items worth $900 were contained within minus a chandelier.  Df had retaped the box.

Issue: Whether df’s conviction supported a finding he asportioned or carried away the goods?

Holding: yes

Procedure: jury conviction for grand theft.   Affirmed.

Rule: The intent to permanently deprive, with asportation or carrying away of the goods.  Asportation is when goods are severed from the possession or custody of the owner, and in the possession of the thief, if only for a moment.

Ct. Rationale: In order to constitute a carrying away, the property need not be actually removed from the premises of the owner.  The property was removed from where the owner had placed it  with the intent to deprive the owner of possession.

PL A: The df intended to deprive the owner of the property, and committed asportation, for only a moment by severing the owner’s custody from where the items were placed.

Df A: The df never had possession of property with asportation or carrying away.  The property was retained by an agent of the owner, not the df.