- April 10, 2017
- by Ben Adams
The Santa Rosa criminal defense lawyers at Adams Fietz have reviewed the case of People v. Sloat, filed 4/10/17. In this case, the Court of Appeal considered a Penal Code section 1170.18, subdivision (f) petition. Defendant sought to have a felony petty theft with a prior conviction designated a misdemeanor. The trial court denied the petition. The trial court agreed with the prosecutor that defendant was ineligible because the theft was not from an “open commercial business.” This was a reference to section 459.5, subdivision (a), which governs the crime of shoplifting. However, the defendant was not seeking to have his conviction reduced to misdemeanor shoplifting. Rather, he sought reduction of his felony petty theft with priors conviction to misdemeanor petty theft. . . . Unlike shoplifting (§ 459.5[, subd. (a)]), petty theft (§ 490.2[, subd. (a)]) does not require that a defendant enter a commercial establishment during regular business hours.”
If you have been charged with petty theft or shoplifting, the Sonoma County criminal defense attorneys at Adams Fietz offer a free consultation. Likewise, if you are seeking to have a felony prior reduced to a misdemeanor, we can offer help with that too.