Is a reduction in the penalty for obtaining any property by stealing sufficient property sufficient to satisfy the purpose of reducing the punishment for the crime?

California, United States of America


The following excerpt is from People v. Howard, 2d Crim. No. B293360 (Cal. App. 2019):

"Proposition 47 directed that the text of the initiative 'shall be broadly construed to accomplish its purposes' and 'shall be liberally construed to effectuate its purposes.' " (People v. Romanowski (2017) 2 Cal.5th 903, 909.) Reducing the punishment for theft crimes is consistent with that remedial purpose. (Ibid.)

The language "obtaining any property" by theft in Penal Code section 490.2 shows a broad and inclusive intent. It

Page 7

Other Questions


Does the crime of stealing property from the person, even if the value of the property is low, need to be treated as a felony rather than a petty theft? (California, United States of America)
When is a crime arising out of the same transaction a crime against the property interests of several persons, rather than one of violence, permissible punishment? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Does section 654 of the California Criminal Code require a separate punishment for a crime committed for the purpose of committing the same crime? (California, United States of America)
Does a property owner have a valid right to a reduction in the penalty imposed by the California State of Justice on property theft? (California, United States of America)
Does the crime of stealing property from the person be a felony even if the value of the property is low? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Does Section 654 of the California Criminal Code allow a court to stay the execution of a sentence for a lesser, less severely punishable crime, but more severely punishable, crime-preventable, offence? (California, United States of America)
Is a criminal offence punishable by section 654 of the California Criminal Code for gross negligence punishable by a single crime arising from two crimes arising from a single, indivisible course of conduct? (California, United States of America)
Is petitioner entitled to funds under section 987.9 of the California Penal Code for the purpose of obtaining a reduction in sentence for a convicted murderer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.