204 Cal. App. 4th 1142
Cal. Ct. App.2012Background
- Wade was convicted by a jury of grand theft, battery causing serious bodily injury, criminal threats, assault by force likely to produce great bodily injury, and false imprisonment.
- He challenged the trial court’s denial of his Faretta self-representation motion, and challenged several convictions and presentence credits.
- The court published two holdings: (i) the definition of serious bodily injury is controlled by section 243(f)(4), not subsection (f)(5); (ii) the 2010 amendment to section 487 retroactively reduces grand theft to petty theft and requires resentencing.
- Jane Doe II was the victim in counts involving grand theft, battery, and criminal threats; Jane Doe I was the victim in the remaining counts, with details limited to relevant issues.
- The Legislature amended the grand theft threshold from $400 to $950, which the court applied retroactively under established retroactivity doctrine.
- The court remanded for resentencing, including recalculation of presentence credits, and directed a potential modification of the judgment to petty theft if the People fail to retry within 60 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Definition of serious bodily injury | Wade contends (f)(5) must be read with (f)(4) for serious bodily injury. | Wade argues only (f)(4) defines serious bodily injury; (f)(5) is surplusage or misapplied. | Plain language of (f)(4) controls; no medical-treatment requirement. |
| Retroactivity of grand theft amendment | Wade seeks retroactive application of the $950 threshold to his conviction. | Wade argues the amendment should apply retroactively to reduce grand theft to petty theft. | Amendment applied retroactively; conviction reduced to petty theft pending resentencing. |
Key Cases Cited
- People v. Gaio, 81 Cal.App.4th 919 (Cal. Ct. App. 2000) (instructional sufficiency and interpretation of serious bodily injury)
- People v. Longoria, 34 Cal.App.4th 12 (Cal. Ct. App. 1995) (definition of serious bodily injury; section 243 interpretations)
- People v. Wilkinson, 33 Cal.4th 821 (Cal. 2004) (special infliction rules and injury definitions in section 243)
- People v. Burroughs, 35 Cal.3d 824 (Cal. 1984) (equivalence of 'serious bodily injury' and 'great bodily injury')
- People v. Vinson, 193 Cal.App.4th 1190 (Cal. Ct. App. 2011) (retroactivity of amending offenses; Estrada principle)
- In re Estrada, 63 Cal.2d 740 (Cal. 1965) (rule that amendatory statutes mitigating punishment operate retroactively)