Increased Threshold for Grand Theft Applied to Appellate Case

 

A California appellate court has ruled that a 2011 increase in the threshold for grand theft charges should apply in a case the began in 2006 but was appealed into 2012.

The decision in People v. Wade by the Court of Appeals of California, First District, Division Five, concerns Cebron Wade, who in August 2006 was accused of stealing a purse that contained contents valued at $700. Under California law at the time, grand theft charges could be brought against someone stealing property worth $400 or more. Wade was subsequently found guilty of grand theft and other charges.

Wade, however, appealed his conviction with the appeal carrying into 2012. This is important because in January 2011 the threshold for grand theft was raised from $400 to $950 to reflect the inflation that had occurred since the $400 limit was enacted in 1982.

The court agreed with Wade's contention that his conviction was not final until his appeal was heard and that state law in effect at that time should be used for sentencing. Since the value of the stolen items was $700, Wade's crime should be categorized as a petty theft rather than a grand theft. Lawyer firm in California.