Does the term "auto theft" apply to a violation of Vehicle Code section 10851?

The shorthand reference of "auto theft" sometimes used to refer to a violation of Vehicle Code section 10851 is not dispositive as to whether such a violation involves "obtaining any property by theft" for purposes of section 490.2. Theft requires an intent to deprive another of property permanently or temporarily but for an unreasonable time so as to deprive the person of a major portion of its value or enjoyment. (People v. Avery

Page 5

(2002) 27 Cal.4th 49, 52, 58.) By contrast, Vehicle Code section 10851, subdivision (a), proscribes a wide range of conduct, including joyriding. (People v. Garza (2005) 35 Cal.4th 866, 876.) Intent to temporarily deprive the owner for any period of time, even a brief or reasonable period of time, suffices for a Vehicle Code section 10851 violation. (See Veh. Code, 10851, subd. (a) ["with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle"]; CALCRIM No. 1820 [defendant "intended to deprive the owner of possession or ownership of the vehicle for any period of time"].) Because Vehicle Code section 10851 encompasses to both theft and nontheft conduct, we conclude it does not fall within the ambit of section 490.2.