Farell

In this case we are called upon to determine whether Penal Code [1] section 1203.044, which mandates at least a 90-day sentence in a county jail as a condition of probation for a defendant convicted of a felony for theft of an amount exceeding $50,000 in a single transaction or occurrence, applies to the theft of trade secrets. We hold that the statute is ambiguous and may not be applied to this offense.

Defendant Alejandro Farell was employed as a design engineer at Digital Equipment Corporation (DEC) on October 30, 1994. DEC developed, manufactured, and marketed computers and microprocessor chips. [3] When hired, defendant signed an agreement to surrender all rights and documents to DEC upon termination.

At DEC, defendant was a member of the design group that developed the StrongArm chip. The chip was extremely successful and all of the members of the group began receiving employment offers from other companies.

In April of 1997, defendant announced that he was going to accept a position with a start-up company. He tendered his two-week notice, with his last day of work scheduled for May 3, 1997. On April 30, defendant went through a DEC exit interview during…