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California Penal Code §§ 487(a) – (d) – Grand Theft

California Penal Code §§ [Sections] 487(a) – (d) – Grand Theft

California Penal Code [CPC] §§487(a) – (d)Grand Theft – Grand Theft occurs when anyone steals property or services worth more than $950. You can also violate Section 487 by stealing an automobile, a firearm, or fish (if stolen from a commercial fishery or a research operation).

Grand Theft is punishable under California's “Three Strikes” system. If you're convicted of the crime, you can serve three years in a state prison for a first offense and pay a fine of $5,000. If you get three “strikes” on your record, you'll serve a minimum of twenty-five years in a state prison.

What Does California Penal Code §§487(a) – (d) [Grand Theft] Prohibit?

In sum, to be guilty of Grand Theft under CPC §§487(a)-(d), you must:

  • Take property or services worth more than $950; OR,
  • Take a firearm; OR,
  • Take an automobile; OR,
  • Take fish from a fishery or research operation; AND,
  • Intend on keeping what you took.

Defining “Grand Theft” Under California Penal Code §§487(a) – (d)

To convict you under CPC §§487(a)-(d), the prosecutor must prove the following beyond a reasonable doubt:

  • Intent: You intended to permanently deny possession of property to its rightful owner or to deny that person use of a service; AND,
  • WORTH: You took property or services worth more than $950 at the time of its taking;[1] OR,
  • TOOK A Firearm: You took a firearm; OR,
  • TOOK AN AUTOMOBILE: You took an automobile; OR,
  • TOOK Fish, Shellfish/Aquacultural Products: You took fish, shellfish, or aquacultural products worth more than $950; AND,
  • FROM Commercial Fishery OR Research Operation: You took the fish, shellfish, or aquacultural products from a commercial fishery or a research operation.

Example: Defendant Deke is caught stealing a very old, rusted, Ford truck frame from Victim Verne's auto yard. Verne was going to sell the Ford frame for scrap. He hoped to get $1000-$1500 for the metal. Now Verne is having Deke charged under CPC §487(d)(1). Should he be found guilty of Grand Theft?

Conclusion: Deke took property that belonged to Verne. Deke also intended, we can presume, on keeping it permanently, since he ‘stole' the frame. The law requires that the stolen property have a value exceeding $950. The frame taken was worth more than that in scrap. Deke is guilty as charged.   

Penalties For Grand Theft Under CPC §§487(a) – (d)

Generally, if you're convicted of Grand Theft, the penalty for a first conviction may be:

  • A term of up to three (3) years in a state prison; OR,
  • A fine of up to $5,000 (five-thousand dollars); OR,
  • Both a fine and imprisonment.[2]

Since the prosecutor may charge you with either a misdemeanor or a felony under Section 487, based on the unique circumstances of your case, Grand Theft is generally a “wobbler”[3] crime in California.    The lesser form of Grand Theft permits a term of up to one (1) year in a county jail.[4] However, if you   are convicted of the Felony form of the crime, you can serve three (3) years in a state prison for a first offense. In either case, you may be made to pay a fine of up to $5,000 (five-thousand dollars).[5]  

Theft of a firearm is always a felony. It's also a form of Grand Theft that can be punished under California's “Three Strikes” system.[6] If you accrue three “strikes” on your record, you will serve a minimum of twenty-five (25) years in a state prison.[7]

Defenses Against California Penal Code §§487(a) - (d) – Grand Theft

Four common defenses against a charge of Grand Theft under CPC §§487(a) – (d) are:

You Had Rightful Claim To The Property Or Service

Example: Defendant Denise purchases a used laptop computer from Neighbor. She pays Neighbor $1000 for the machine. Since Neighbor won't be home when Denise comes for the machine, Denise is “to just go in and take it from” Neighbor's apartment. But Neighbor's wife, Victim Valentina, knows nothing of the sale. She sees Denise walking out with the computer and calls police. Is Denise guilty under §487(a)?

Conclusion: Denise took property worth more than $1000 from Valentina's apartment. She intended on keeping it. These are elements of the crime. However, the computer Denise took was purchased from Valentina's husband, unbeknownst to Valentina. Neighbor even gave Denise permission to enter the apartment to take the purchased computer. Denise is innocent. She had rightful claim to the property.  

You Were Given Consent To Take The Property Or Service

Example: Defendant Dan confronts Victim Vicar, a local clergyman, over a hockey stick that Wife donated to Vicar's Church. The stick, once used by hockey great Bobby Orr, has been appraised at $7500. Vicar consents to its return. But, when he takes the stick, Dan is seen by Parishioner, who thinks Dan is stealing. Now Dan is facing charges of violating §487(a). Should he be convicted on these facts?

Conclusion: As the facts make clear, Dan had permission to take the stick. It was worth more than $950. It was in the possession of Vicar's Church before Dan took it. Dan intended on keeping the stick. These are elements of the crime. But Dan couldn't commit theft if he had permission to take the property he's accused of stealing. Therefore, Dan should not be convicted. He was given consent to take the property.

You Were Falsely Accused Of Grand Theft

Example: Defendant Donna is in a custody battle over Daughter with Victim Victor, her ex-husband. Victor, fearing the LA Superior Courts will favor Donna because of his personal battles with addiction, falsely reports Donna for stealing $1100 in cash from his home. He admits he has no evidence. But Donna is now facing a charge under §487(a) anyway. Should she be convicted, under the circumstances?

Conclusion: Donna, as the facts make clear, committed none of the elements of the crime. Victor simply fabricated a story and submitted to it police, believing it would secure custody of Daughter.  Victor even admits he has no evidence of the crime. Thus, Donna isn't guilty. She was falsely accused of grand theft.

You Lacked The Intent To Commit The Crime

Example: Defendant David, who's going golfing, remembers Victim Vera, his neighbor, opining that David would enjoy playing golf with her $1000 putter. Seeing her garage open, and spying her clubs inside, he takes the expensive putter and leaves for the course. But later, when he goes to Vera's to return the club, police are waiting for him. He's arrested and charged under CPC §487(a). Is David guilty?

Conclusion: David took property worth more than $950. It belonged to Vera. Finally, we can assume he didn't have consent to take it; Vera has had him charged. These are elements of the crime. But David went to Vera's garage intending to return the clubs to her. He wasn't even asked to return it, suggesting he never intended on keeping the putter. David is innocent. He lacked the intent to commit the crime.

Related Offenses

Note: The crimes below are described generally as “related” because they're frequently charged with PC §§487(a) - (d) and/or have common elements the prosecutor must prove beyond a reasonable doubt.

The California Penal Code includes several offenses related to Grand Theft:  Robbery (CPC §211), Misappropriation Of Public Funds (CPC §424(a)), Burglary (CPC §459), Shoplifting (CPC §459.5(a)), Petty Theft (CPC §484(a)), Petty Theft With A Prior Offense (CPC §666(a)), Forgery (CPC §470(a)), Receiving Stolen Property (CPC §496(a)), and Extortion (CPC §518).

Robbery

 

Robbery (CPC §211) involves using force or fear to take property from another person with the intent of not returning it. Robbery is linked to Grand Theft because takings punishable as grand thefts are often the purpose of robberies.

Robbery is considered both a “serious” [8] and “violent felony”[9] under state law. Thus, it's subject to sentence enhancement under California's “Three Strikes” system. Three “strikes” on your record will result in a minimum of twenty-five years in state prison.[10]

 

If you're convicted of first-degree Robbery, the penalty, without enhancement, may be:

  • A term of up to nine (9) years in a state prison;[11] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[12]

Note: The intent to take property must have been formed before or during the use of force or fear.

Further information can be found in the Santa Clarita Robbery Lawyer section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. All calls go directly to a lawyer. We guarantee it.

California Jury Instructions – Robbery

To convict you under CPC §211, the prosecution must prove the following beyond a reasonable doubt:

You used force or fear to take property that was in the presence of another person. You took the property against that person's will. Finally, you intended to remove the property from the person's possession long enough that the person would not enjoy a major part of its value.

Example: Defendant Dmitri thinks it's funny to take women's purses from their possession. Then, after waiting for them to become distressed, he returns their bags and laughs at them. He does this one night to Victim Vika. She doesn't find the “prank” funny. Vikka has Dmitri arrested and charged under CPC §211. Should he be convicted on these facts?             

Conclusion: Dmitri used force to take property from Vikka's immediate presence. Vikka didn't consent to having her purse taken. These are elements of the crime. However, while Dmitri's “prank” is punishable as another crime (such as Assault or Battery), he didn't deny Vikka her purse long enough for Vikka to lose a major part of its value, which would establish the final element. He should not be convicted.

Misappropriation Of Public Funds

Misappropriation Of Public Funds (CPC §424(a)) involves taking public money for your own use or another person's use without legal authority. It's also illegal to loan or profit from public money or to make a false entry in accounting for public money. The statute also makes it a crime to refuse to disburse public money to a legal authority, to fail to transfer public money when required by law, or to fail or refuse to disburse money to a person authorized to receive that money, despite having a legal duty to do so. The crime is related to Grand Theft because misappropriating public money can constitute a violation of Section 487, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of Misappropriation Of Public Funds, which is always a felony,[13] the penalty may be:

  • A term of up to four (4) years in a state prison;[14] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[15] AND,
  • Disqualification from holding office in California.[16]

California Jury Instructions – Misappropriation Of Public Funds

To convict you under CPC §424(a), the prosecution must prove the following beyond a reasonable doubt:

While responsible for public money, you took some money for your own or someone else's use without legal authority, or you loaned, made a profit from, or used some of that money without legal authority, or you kept a false account or made a false entry in an account of the money, or you changed, falsified, hid or obliterated an accounting of that money, or you refused or failed to disburse public money in response to a draft drawn by competent authority, or you failed to transfer money when required by law, or you failed or refused to disburse money that you'd received to a person legally authorized to receive that money, despite having a legal duty to do so. Additionally, you knew you weren't following the law, or you acted without legal authority, or you were criminally negligent in failing to know legal restrictions on your conduct.

Example: Defendant Dominica, Clerk of Bell, California, knows that Reporter is trying to acquire records showing Dominica is being overpaid. She tries to ‘lose' Reporter's official record request. Then she discloses the record only after an unexplained delay of ten days.[17] Reporter concludes Dominica was trying to hide an accounting of public money and has her charged under §424(a). Is Dominica guilty?

Conclusion: Dominica was trying to keep Reporter from facts that would show misuse of public money. However, she didn't alter the records in question. Nor can Reporter say that Dominica hid the records; Dominica actually did disclose them, though Reporter is upset the records took ten days to be disclosed. Dominica is not guilty.

Burglary

Penal Code §459 creates the crime of Burglary, which occurs any time someone enters a building with the intent to commit Theft or a felony inside the structure. The crime is related to Grand Theft because entering a structure to commit a grand theft can give rise to a Burglary charge in the same trial.

Burglaries inside homes, vessels, floating homes or trailers are first-degree burglaries. All other forms are in the second degree. This makes Burglary a “wobbler” offense.[18] If you're convicted of Burglary in the first degree, the penalty can be:

  • A term of up to six (6) years in a state prison;[19] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[20]

Note:  You must form the intent commit the burglary at or before the time of entering the structure.

More information can be found in the Burglary Lawyer section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.  An attorney will take your call. That's guaranteed.

California Jury Instructions – Burglary

To convict you under CPC §459, the prosecution must prove the following beyond a reasonable doubt:

You entered a building, a locked vehicle, or a structure intending to commit a felony or a theft involving property worth more than $950, or you entered a noncommercial establishment, or you entered a commercial establishment outside business hours with the same intent.

Example: Defendant Deanna is arrested inside Victim Vi's computer store. She has burglary tools in a kit at the time. She's also dressed in black, wears black gloves and has a black balaclava in a pants pocket, even though she entered during store hours. Deanna admits she was going to steal computers. But she insists she isn't guilty under CPC §459. Is Deanna correct or should she be convicted on these facts? 

Conclusion: Deanna entered a commercial establishment intending to commit computer theft. The amount in question could easily exceed $950. (Deanna was going to steal multiple “computers,” i.e., more than one machine.) These are elements of the crime. But Deanna entered a public store during business hours. In effect, she was invited inside. Deanna couldn't burglarize Vi's store on these facts.

Shoplifting

 

Shoplifting (CPC §459.5) involves entering a commercial establishment with the intent to commit larceny during regular business hours. The value of the property must not exceed $950. “Any other entry into a commercial establishment with intent to commit larceny is burglary.”[21] The crime is related to Grand Theft because shoplifting property always involves an act of theft.

If you're convicted of Shoplifting, the penalty, without enhancement,[22] may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[23]

Note: You can't be charged with both shoplifting and burglary or theft of the same property.

California Jury Instructions – Shoplifting

To convict you under §459.5(a), the prosecution must prove the following beyond a reasonable doubt:

You entered a commercial establishment that was open during regular business hours. When you entered the establishment, intended to commit theft.

Example: Defendant Devon intends on buying a beer. He enters Victim Vincente's liquor store. But, seeing that Vincente is preoccupied with Customer, Devon stuffs a beer under his shirt and tries to walk past the counter without paying. Vincente isn't fooled. He stops Devon, calls police, and has him charged under CPC §459.5(a). Devon insists he isn't guilty under these circumstances. Is he correct?

Conclusion: Devon committed theft inside Vincente's store. Since Vincente was dealing with a customer at the time, it's reasonable to assume Devon did it during regular business hours. These are elements of the crime. But Devon formed the intent to steal after entering the store. If even one element of a charge can't be proven beyond a reasonable doubt, the defendant must be found innocent. Devon is correct.

 

Petty Theft

 

California's statute criminalizing Petty Theft (CPC §§484(a)) applies, broadly, whenever property is taken without the owner's permission. The property must be worth $950 or less. It cannot be a firearm or an automobile. Petty Theft also does not require the use of fear or force. You must, however, move the property and keep it for some period. The crime is related to Grand Theft because property of lesser value is often stolen with more valuable items, permitting, in the same trial, charges of both crimes.

If you are convicted of Petty Theft, the penalty may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[24]

More information can be found in the California Petty Theft Attorney section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.  An attorney will take your call. That is our guarantee.

California Jury Instructions – Petty Theft

To convict you under CPC §484(a), the prosecution must prove the following beyond a reasonable doubt:

You took property which was worth $950 or less. When you took it, you intended on taking it permanently or removing it for long enough that the owner would lose a major portion of its value or enjoyment of it. Finally, you moved and kept it for some amount of time.

Example: Defendant Dee steals a box of baseball cards from Victim Vic, knowing the cards had been   appraised at $500 ten years earlier. When Dee is arrested with the cards, she is charged with Petty Theft. But - knowing by then that the cards have a reasonable market value twice as high as they had ten years earlier - Dee says that she must be innocent. Should she be convicted on these facts?

Conclusion: Dee stole Vic's property. She intended on keeping it. This would, of course, deny Vic both its value and the enjoyment of the property. Dee also moved the box and kept it for some time. These are elements of the offense. But the proper measure of the worth of the cards is their fair market value at the time they were stolen. Therefore, while Dee has committed Grand Theft, she shouldn't be convicted.

Petty Theft With A Prior Offense

Petty Theft With A Prior Offense (CPC §666(a)) involves being convicted of theft crime (including burglary, carjacking, robbery, or a felony violation of Section 496), serving a term for it in any penal institution or being imprisoned as a condition of probation for the offense, and subsequently being convicted of a Petty Theft. The statute is related to Grand Theft because one of the prior offenses covered by the law is theft under Section 487. 

Petty Theft With A Prior Offense can be charged as either a Misdemeanor or a Felony, depending on the facts of your case, which makes CPC §666(a) a “wobbler” crime.[25] If you're convicted of Petty Theft With A Prior Offense for the first time, the felony penalty may be:

  • A term of up to three (3) years in a state prison;[26] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[27]

California Criminal Jury Instructions - Petty Theft With A Prior Offense

To convict you under §666(a), the prosecution must prove the following beyond a reasonable doubt:

You have been found guilty of a petty theft. You were also previously convicted of a theft offense and served a term in a penal institution for that conviction.

Example: Defendant Diego admits to a petty theft and is found guilty of the crime. He served six months in a county jail for the same crime just eighteen months before. Nonetheless, Diego insists that he can't be made to serve more than one year – the maximum sentence for first-time Petty Theft – in the second instance. Is Diego correct about California law?

Conclusion: Diego can be made to serve as many as three years in a state prison for his second act of petty theft, and not one year in a county jail, as he seems to believe. Section 666 provides potential sentence enhancement for a thief who has a prior record and time behind bars. This is true even if the accused has committed nothing more harmful than two petty thefts. Diego is incorrect about the law.

 

 

 

Forgery

 

Forgery (CPC §470(a)) occurs whenever anyone signs the name of another person or a fictitious person to any of the items listed in subdivision (d) of the statute. The crime is related to Grand Theft because Forgery can be used to acquire property or services by theft, permitting the prosecution to charge you with both in the same trial.

Since you can be charged with a misdemeanor or a felony count, depending on the facts of your unique case, Forgery is a “wobbler” offense.[28] If you are convicted of felonious Forgery, the penalty may be:

  • A term of up to three (3) years in a state prison;[29] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[30]

More information can be found in the California Forgery Crime Lawyers section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.  An attorney will take your call. That is always guaranteed.

California Jury Instructions – Forgery

To convict you under CPC §470(a), the prosecution must prove the following beyond a reasonable doubt:

You signed someone else's name or a false name to one of the documents listed in CPC §470(d). You did not have authority to sign that name. You knew that you did not have that authority. Finally, when you signed the document, you intended to defraud.

Example: Defendant Derek uses his computer and top-of-the-line printer to produce a lottery ticket identical to a real winning ticket. He submits the ticket and signs a document attesting that it's his, seeking to take half the prize. Officials recognize the ticket as fraudulent. Derek is arrested. He has been charged under §470(a). Derek insists he's innocent because he signed using his own name. Is he correct?

Conclusion: Section 470(a) makes it illegal to create a fraudulent “lottery ticket or share purporting to be issued under the California State Lottery Act of 1984”[31] and sign a false name or someone else's name for a benefit. Derek made a lottery ticket and sought a share of a prize. But Derek used his lawful name when he signed the ticket attestation. Thus, while Derek is guilty of Attempted Fraud,[32]  he is correct.     

Receiving Stolen Property

 

California law on Receiving Stolen Property (CPC §496(a)) applies when anyone buys or receives property that's been stolen or extorted, knowing how the property was obtained. The law also applies to concealing, selling, withholding, or aiding someone in concealing, selling, or withholding property from the owner, if you know how it was obtained. 

Receiving Stolen Property can be charged as either a Misdemeanor or a Felony, depending on the facts of your case, which makes CPC §496(a) a “wobbler” crime.[33] The charge is related to Grand Theft because stolen goods often end up being resold, creating the possibility of Receiving Stolen Property charges in the same trial.

If you're convicted of the Felony form of Receiving Stolen Property, the penalty may be:

  • A term of up to three (3) years in state prison;[34] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[35]

You can find more information in the California Property Crimes Defense Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer - guaranteed.

California Criminal Jury Instructions – Receiving Stolen Property

To convict you under CPC §496(a), the prosecution must prove the following beyond a reasonable doubt:

You bought, received, sold, aided in selling, or concealed or withheld property that had been stolen from its owner or obtained by extortion. Additionally, when you were involved with the property, you knew it had been stolen or obtained by extortion.

Example: Defendant Drake admits he bought property that Criminal extorted from Victim Vigo.  He admits he knew it was extorted from Vigo. Nonetheless, having been charged under CPC §496(a), Drake insists that he is innocent because Criminal did not steal the property. “In fact,” Drake says, “Vigo gave his property away! How can it be stolen?!” Is Drake correct, on these facts?

Conclusion: Drake fails to understand that property turned over because of extortion is - like stolen property - not voluntarily parted with; thus, he doesn't understand that Section 496 includes receiving extorted property. Therefore, buying the property from Criminal violated the statute. Drake has also already admitted the other elements of the offense. Drake, thus, should be convicted. He is incorrect.

Extortion

The basic form of Extortion (CPC §518(a)), ‘Extortion By Threat Or Force,' occurs whenever a person obtains valuables or official acts from another, with his or her consent, through wrongful use of force or fear, or under a claim of an official right. The threat “may involve harm to be inflicted by [you] or by someone else.”[36] Extortion is connected to Grand Theft because an extortionate threat can be part of a theft, which allows the prosecution to charge you with both crimes in the same trial.

If you're convicted of Extortion under §518(a), a Felony, the penalty may be:

  • A term of up to four (4) years in a state prison;[37] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[38]

You can find more information in the Extortion section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that is always guaranteed.

California Criminal Jury Instructions - Extortion

To convict you under §518(a), the prosecution must prove the following beyond a reasonable doubt:

You threatened another person or that person's property, intending to obtain the person's consent to give you money or property, or to do an official act. As a result, the other person consented. Finally, the other person gave you money or property or did an official act.

 

Example: Defendant Dickie threatens to reveal a secret that would seriously embarrass Victim Vonnie unless Vonnie pays Dickie $500 in cash. She agrees. But Vonnie surprises Dickie by going to police instead of paying. She has him arrested and charged under CPC §518(a). Is Dickie innocent or guilty?

Conclusion: Dickie threatened Vonnie, seeking money from her in exchange for keeping a secret. Vonnie consented to paying Dickie for silence. These are elements of the offense. But Dickie never received any money from Vonnie. Since Vonnie refused to pay his demand, Dickie couldn't complete the crime. Therefore, while Dickie would be guilty of an Extortion attempt,[39] he is innocent under Section 496.   

What Can I Do If I'm Charged With Grand Theft?

The State of California treats Grand Theft as a serious offense. If you're charged with Grand Theft, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

  • Negotiate a lesser charge in a plea bargain;
  • Reduce your sentence;
  • Or even get charges dismissed completely.

The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities. 

If you or someone you know has been arrested for, or charged with, Grand Theft, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.

Contact the Kann California Law Group today to schedule your free and confidential consultation.

References

[1] “The value of property or services is the fair market value of the property market wage for the services performed. [¶] [Generally][,] [f]air market value is the highest price the property would reasonably have been sold for in the open market at the time of, and in the general location of, the theft.” See California Criminal Jury Instructions 1801 (CALCRIM) (2017).

[2] See CPC §489 (b).

[3] See “Wobbler Law and Legal Definition” at USLegal.com.

[4] See Endnote 2.

[5] See above.

[6] See CPC §1192.7 (c) (26).

[7] See CPC §667 (e) (2) (A) (ii).  

[8] See CPC §1192.7 (c) (19).

[9] See CPC §667.5 (c) (9).

[10] See Endnote 7.

[11] See CPC §213 (a) (1) (A).

[12] See CPC §672.

[13] See CPC §425.

[14] See CPC §424 (a).

[15] See Endnote 12.

[16] See Endnote 14.

[17] Fact pattern based on investigation of corruption in the City of Bell. See “[Two] Reporters Win Pulitzer for Exposing ‘Corruption on Steroids' in California” (5:20 – 6:30). PBS NewsHour, April 19, 2011.

[18] See Endnote 3.

[19] See CPC §461 (a).

[20] See Endnote 12.

[21] See CPC §459.5 (a).

[22] “Three Strikes” enhancement is possible for persons who committed crimes punished under CPC §§667 (e) (2) (c) (1) – (4) or Section 290 (c) of the state Penal Code. See CPC §459.5 (a).

[23] See CPC §19.

[24] See above.

[25] See Endnote 3.

[26] See CPC §18 (a).

[27] See Endnote 12.

[28] See Endnote 3.

[29] See CPC §473 (a).

[30] See Endnote 12.

[31] See CPC §470 (d).

[32] See CPC §§664 (a), (b).

[33] See Endnote 3.

[34] See CPC §1170 (h). [Version (Amended (as amended by Stats. 2018, Ch. 1001, Sec. 2) by Stats. 2020, Ch. 29, Sec. 15.)]

[35] See Endnote 12.

[36] See California Criminal Jury Instructions 1830 (CALCRIM) (2017).

[37] See CPC §520.

[38] See Endnote 12.

[39] See CPC §21a

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