Sunday, April 15, 2012

Grand Theft Case Reversed on Appeal

Not many cases are reversed on appeal, this case is one exception.  Though not a DUI case, Mojave DUI Lawyer, Bruce Blythe felt it was important enough to publish given the recurring nature and frequency of this type of case in California. The defendant in the case stole the victim's purse, which had $700 cash in it. At the time, California law said that it was grand theft if the amount stolen was more than $400. The defendant was convicted and he filed a notice of appeal. While the appeal was pending, the grand theft laws in CA (PC 487(a)) was amended, increasing the amount required for a grand theft to $950. Does this defendant get the benefit of the change?  The Court said yes. Indeed, statutory changes favoring a defendant apply so long as the defendant's conviction isn't final.  People v. Wade; C/A 1st, Div. 5.