Martin

People v. Martin

Bad Law
237 Cal. Rptr. 3d 504·26 Cal. App. 5th 825
Court of Appeal of CaliforniaAugust 29, 20182d Crim. No. B283097California7,596 words

Opinion

lead Opinion

Yegan, J.

*507 The fabric of the law will stretch only so far before it will unravel. Here, a professional thief entered in to an international conspiracy to commit as many petty thefts as she could get away with. She was foiled by security guards and the police. She seeks to stretch Proposition 47 to cover her conspiracy to commit petty theft. She convinced the trial court. But it just won't stretch that far. It is difficult, if not impossible, to believe that the electorate intended that a person, such as respondent, with five prior separate prison terms who joined an international conspiracy to commit petty theft, would deserve misdemeanor treatment. To say it out loud or put it on paper causes considerable pause.

Respondent Amaya Monique Martin was convicted of felony conspiracy to commit petty theft. ( Pen. Code, § 182, subd. (a)(1).) 1 The People appeal from an order granting respondent's petition to recall her felony sentence and resentence her to misdemeanor shoplifting pursuant to sections 459.5 and 1170.18, which were enacted by Proposition 47.

We reverse. The trial court erroneously determined that a felony conviction for conspiracy to commit petty theft is eligible for…

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