Farell

In this case we determine whether Penal Code section 1203.044, which requires the imposition of a minimum county jail sentence as a condition of probation upon conviction of certain theft offenses, applies to the theft of property other than money, including trade secrets. We conclude that it does.

I

On April 18, 1997, an amended complaint was filed charging defendant with the theft of a trade secret, in violation of section 499c, subdivision (b)(1). It was further alleged as a sentence enhancement that the loss exceeded $2.5 million within the meaning of section 12022.6, subdivision (a)(4), and as a restriction on the granting of probation that the theft was of an amount exceeding $100,000 within the meaning of sections 1203.044 and 1203.045. Defendant pleaded no contest to the theft charge, a charge based upon evidence that he had printed out confidential design specifications for certain computer chips on the last day of his employment as an electrical engineer at Digital Equipment Corporation and also had done so on the following day. This evidence was obtained during execution of a search warrant at his home a few days later. The confidential specifications…