Davis

In February 2014, a jury found defendant Kenneth Ralph Davis guilty of two 2010 misdemeanors, diverting the natural course of a stream (Fish & G. Code, § 1602—count 2) (acquitting him of obstructing it in count 1) and petty theft (of water) (Pen. Code, § 488—count 3). It also found him guilty of a trespass injuring wood or timber in 2010 in another case (which was consolidated solely for purposes of trial) that involved a road he had bulldozed across neighboring property to his own. (§ 602, subd. (a).) The court placed him on a three-year period of informal probation, conditioned on a 90-day jail term.

Defendant sought review of his convictions in the Appellate Division of the Butte County Superior Court. (§ 1466, subd. (b)(1).) The appellate division issued an opinion in October 2015 that affirmed the judgments (People v. Davis (Butte County Super. Ct., 2015, No. APP 3985)). On defendant’s request, it then certified the case for transfer. (Cal. Rules of Court, rule 8.1005(b).) We ordered transfer to this court solely on the issue of whether defendant could be prosecuted and convicted of petty theft of water. (Id., rules 8.1008(a), 8.1012(e)(1).)

Defendant asserts there…