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the statute divisible), opinion withdrawn and superseded by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).