Legal Opinion

People v. Farell

California Supreme Court

Decided July 11, 2002No. S092183PublishedCited by 85 opinions

1Opinion of the Court

Opinion

GEORGE, C. J.

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,…

2Cases cited13 opinions

  1. Kelly v. RobinsonSupreme Court of the United States · 1986
  2. People v. GardeleyCalifornia Supreme Court · 1996
  3. People v. MitchellCalifornia Supreme Court · 2001
  4. People v. OverstreetCalifornia Supreme Court · 1986
  5. People v. CruzCalifornia Supreme Court · 1996

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3Cited by85 opinions

  1. People v. CantyCalifornia Supreme Court · 2004
  2. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
  3. People v. SamaniegoCalifornia Court of Appeal · 2009
  4. People v. RomanowskiCalifornia Supreme Court · 2017
  5. Cummins, Inc. v. Superior CourtCalifornia Supreme Court · 2005

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