People v. Santiago CA2/1

BACKGROUND

We obtain the facts from a 2012 police report. On the evening of October 18, 2012, Santiago engaged in an argument with his girlfriend and cohabitant Estrella Ramirez, with whom he had a one-year-old child. The argument revolved around Santiago’s apparent drug addiction, as Santiago would frequently take Ramirez’s purse by force and use her money to buy drugs. While Ramirez was holding her purse in one arm and their child in the other, Santiago physically wrestled the purse away from her and fled the house. Ramirez reported the purse contained items worth approximately $150, but no cash. On January 7, 2013, Santiago pleaded no contest to grand theft person and was placed on formal probation for a period of three years on the condition that he serve 240 days in the Los Angeles County Jail. (Pen. Code, § 487, subd. (c).)1 Section 487 defines grand theft person as theft of property “taken from the person of another,” without regard to value, which was considered a “wobbler offense” (a crime that can be punished as either a misdemeanor or felony) prior to the enactment of Proposition 47. (§§ 487, subd. (c), 461.)

1 All further statutory references are to the Penal Code…