Martinez-Perez v. Ashcroft, 417
F.3d 1022 (9th Cir. Aug. 2, 2005) (California conviction for
grand theft by taking property from the person of another,
in violation of Penal Code § 487(c), is not an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G),
for deportation purposes, because the court could not determine
from the record of conviction whether Martinez pleaded guilty
to the statute as a principle or as an aider or abettor),
vacating and overruling prior decision at 393 F.3d 1018 (9th
Cir. Dec. 29, 2004).