People v. Cook case brief

People v. Cook case brief summary
39 Cal.Rptr. 802 (1964)

CASE SYNOPSIS

Defendant sought review of a judgment from the Superior Court of Los Angeles County (California), which convicted defendant for taking a vehicle without the owner's consent in violation of Cal. Veh. Code § 10851.

CASE FACTS
Defendant, who owned a car, allowed his friend to use defendant's name and the car as a trade in for a new car at a car dealership. Defendant's friend also gave the dealership a spurious check for $ 300.00. The trial court convicted defendant for taking a vehicle without the owner's consent in violation of Cal. Veh. Code § 10851. The trial court acquitted defendant of grand theft auto under Cal. Veh. Code § 487(3). On appeal, defendant contended that the new car was taken with the consent of the car dealership.

DISCUSSION

• The court reversed the judgment of conviction and remanded the cause to the trial court with directions to dismiss. 
• The court held that because defendant was acquitted of violating § 487(3), a species of theft, which included in the definition of which was fraud or false pretense, any contentions regarding fraud were deemed concluded. 
• Thus fraud could not be considered as established or as vitiating the consent that was in fact given. 
• The court held that consent having been given, there was not a violation of § 10851.

CONCLUSION
The court reversed the judgment of the trial court, which convicted defendant for taking a vehicle without the owner's consent, and remanded the case to the trial court with directions to dismiss.


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