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| | State High Court Clarifies Intent Element of Theft Charge |
 | | Robert D. Avery’s sentence was doubled under the three-strikes law, based on his 1983 Texas conviction for “burglary of a habitation with intent to commit theft.” The evidence of the prior conviction consisted solely of the charging, plea, and sentencing documents in the Texas case. |
 | | A 1993 Court of Appeal ruling, which held that an Oregon statute similar to Texas’ permitted a defendant to be convicted without intent to permanently deprive the owner of the taken property, was wrong, Chin said. |
 | | The requirement of intent to permanently deprive, Chin said, is based on the common-law understanding of what constitutes a felonious taking. |
| www.metnews.com /articles/aver011802.htm (489 words) |
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