NEWPORT BEACH, Calif. — A judge reduced a felony petty theft charge to a misdemeanor over the prosecution’s objection Friday at the Newport Beach Harbor Justice Center, rejecting the District Attorney’s request to pursue the more serious offense despite the accused’s prior theft-related convictions.
The ruling substantially reduced the potential penalties facing the accused, who appeared in court on a probation matter and to resolve new charges through a change of plea.
Deputy Public Defender Matthew Hicks told the court the accused, who was out of custody, wished to change his plea from not guilty to guilty on one alleged felony charge and two misdemeanor charges.
The accused was charged with committing petty theft on July 21 and had two prior theft-related convictions from November 2013.
Judge Johnson reduced the felony petty theft charge filed by Deputy District Attorney Ashley Fan to a misdemeanor, overruling the prosecution’s objection that the accused’s criminal history warranted the more serious charge. The decision significantly lowered the potential punishment associated with the theft offense.
Following the reduction, Judge Johnson addressed the petty theft misdemeanor, which carries a maximum sentence of one year in Orange County Jail. In exchange for the guilty plea, the judge granted the accused one year of informal, unsupervised probation.
According to Kann California Law Group, California Penal Code Section 484(a) classifies petty theft as a misdemeanor when the value of the stolen property is $950 or less. The offense is punishable by up to six months in jail, a $1,000 fine, or both.
The judge ordered the accused to complete 80 hours of community service through the Caltrans Court Referral Program, with proof of completion due by May 3, 2027. The court also ordered restitution through the Victim Witness Office, which will determine the amount owed.
Although petty theft is generally a misdemeanor, it may become a “wobbler” under California law. According to Eisner Gorin LLP, California Penal Code Section 666(a) allows prosecutors to charge petty theft as a felony when a person has qualifying prior theft-related convictions.
Eisner Gorin LLP states that a felony petty theft conviction carries significantly greater penalties than a misdemeanor, including a sentence of up to three years in state prison or county jail and a fine of up to $10,000.
The judge also addressed two additional misdemeanor charges arising from July 18, 2024, alleging possession of methamphetamine and possession of controlled substance paraphernalia. The accused pleaded guilty to both misdemeanor charges as well as the reduced petty theft charge.
The court found the accused guilty of petty theft after finding probable cause and determining there was intent to possess the property. Judge Johnson ordered probation to begin immediately and suspended a one-year jail sentence while the accused completes the terms of probation.
Before concluding the hearing, the judge reviewed the conditions of probation and warned the accused that failing to comply with any requirement could result in a probation violation. If probation is revoked, the suspended one-year Orange County Jail sentence would be reinstated.
The accused was sentenced to 10 days in Orange County Jail and received credit for the 10 days already served.
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