P. v. Swisshelm
A jury convicted defendant Edward Swisshelm of grand theft (Pen. Code, § 487, subd. (a); all statutory references are to the Penal Code unless noted), driving under the influence (Veh. Code, § 23152, subd. (a)) and with a blood alcohol content greater than .08 percent (Veh. Code, § 23152, subd. (b)), and driving with a suspended license (Veh. Code, § 14601.2, subd. (a)). The Legislature in 2010 amended section 487 to raise the minimum threshold amount to $950. Although the jury convicted Swisshelm in 2009, he contends the amendment applies retroactively. Because the evidence of trial established the value of the stolen property did not exceed $950, Swisshelm asserts we must reduce his conviction to petty theft. The Attorney General concedes the 2010 amendment to section 487 applies retroactively, but argues the prosecution should be given the opportunity to charge Swisshelm with petty theft with priors (§§ 666, 484), assuming he meets the statutory criteria. For the reasons explained below, we agree the amendment to section 487 applies retroactively and remand for the prosecution to elect whether to charge Swisshelm with petty theft with prior theft convictions.
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