People v. Warmington
16 Cal. App. 5th 333
| Cal. Ct. App. 5th | 2017Background
- In 2002 Warmington, a Walmart courtesy clerk, stole items (including a TV) and returned some for a total returned value of $851; he pleaded no contest to embezzlement (§ 503) in 2003 and received probation.
- In 2016 he petitioned under Penal Code § 1170.18 (Proposition 47) to redesignate the felony embezzlement conviction as a misdemeanor because the value taken was under $950.
- The trial court denied the petition, finding the embezzlement conviction was not eligible for § 1170.18 relief.
- The Attorney General conceded that recent California Supreme Court authority undermined its position and the court requested supplemental briefing.
- The Court of Appeal analyzed Proposition 47’s § 490.2 petty-theft threshold and § 490a’s instruction to read references to larceny/embezzlement as "theft," concluding embezzlement under § 503 can be treated as theft for § 490.2 purposes.
- Because Warmington’s embezzled property was under $950 and he was not disqualified, the court held he was entitled to redesignation and remanded with directions to grant relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether embezzlement (§ 503) is eligible for redesignation under § 1170.18/§ 490.2 | Warmington: his embezzlement involved property under $950 so it falls within § 490.2 petty theft and is eligible for redesignation | Respondent/AG: embezzlement (and some theft-adjacent statutes) may not fall within § 490.2’s scope because they are not "theft" as defined for petty-theft reduction | Court: § 503 describes a form of theft and § 490a requires reading embezzlement as "theft;" thus § 490.2 applies and the conviction is eligible for § 1170.18 relief |
Key Cases Cited
- People v. Romanowski, 2 Cal.5th 903 (Sup. Ct.) (theft of access-card information is covered by § 490.2; statutes describing forms of taking or wrongful retention fall within "theft")
- People v. Gonzales, 2 Cal.5th 858 (Sup. Ct.) (§ 490a directs courts to read references to larceny/embezzlement as "theft," applying Proposition 47 reductions to related statutes)
- People v. Davis, 19 Cal.4th 301 (Cal. 1998) (historical consolidation of larceny, embezzlement, and false pretenses into the single crime of "theft")