Martinez-Perez v. Ashcroft, 393
F.3d 1018 (9th Cir. Dec. 29, 2004) (California conviction
for grand theft by taking property from the person of another,
in violation of Penal Code § 487(c), constitutes a theft offense,
and therefore is an aggravated felony under INA § 101(a)(43)(G),
8 U.S.C. § 1101(a)(43)(G), for deportation purposes, because
California courts have held an intent permanently to deprive
the owner of property is an essential element of this offense,
and because the record of conviction - i.e., the charge and
the absence of any codefendants - negated the possibility
the defendant was convicted on an aiding and abetting theory
which renders the statute divisible), opinion withdrawn and
superseded by 417 F.3d 1022 (9th Cir. Aug. 2, 2005).