California, United States of America
The following excerpt is from People v. Wilkinson, F072052 (Cal. App. 2017):
intent to commit "grand or petit larceny or any felony." While the People may be able to demonstrate appellant's conviction would remain a felony under a theory of intent to commit theft, no opportunity was provided to make such a showing and no additional facts were accepted by the trial court. (See, e.g., People v. Manning (2014) 226 Cal.App.4th 1133, 1144 [under Proposition 36, demonstration of initial eligibility required remand so prosecutor could be given an opportunity to demonstrate disqualifying conduct].) A remand is therefore appropriate to determine whether appellant is eligible for redesignation in the 218 case.
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