California v. Warmington

In December 2002, defendant Leonard Warmington worked a courtesy clerk at a Redding Walmart. He stole a television from the store, returned it for a $746.46 Walmart gift card, and used the card to purchase various items. Confronted by a police officer, defendant admitted stealing other items from the Walmart, including a recliner chair. Defendant was ordered to return the items he stole. The value of the items stolen by defendant and subsequently returned was $851. Defendant pleaded no contest to embezzlement in October 2003 and was placed on three years’ formal probation in November 2003. In February 2016, defendant filed a Penal Code section 1170.18 petition to redesignate his offense as a misdemeanor. The trial court denied the petition without prejudice to filing a new petition, on the ground that defendant’s crime was not eligible for relief. Defendant appealed, arguing the trial court erred in finding his crime was not subject to section 1170.18 relief. Since the record clearly shows defendant embezzled less than $950 from Walmart and he was not otherwise disqualified, his crime was eligible for section 1170.18 relief, and the trial court was required to “designate the felony offense . . . as a misdemeanor.” View "California v. Warmington" on Justia Law