WOODLAND, CA – Superior Court Judge Tom Dyer here in Yolo County Superior Court last week heard both parties debate charges against two accused men in custody—namely that it was the California sales tax that meant the accused are charged with felonies, not misdemeanors.
Deputy Public Defenders David Nelson and Martha Sequeira contested the accused’s charges, arguing the state sales tax was what pushed the amount stolen to be over the $950 threshold, allowing this case to be charged as a felony.
The two accused men are in custody, the first having seven counts and two enhancements, and the second having seven counts and one enhancement. Both have two felony charges of Conspiracy to Commit a Crime and one felony charge of Grand Theft. The theft in question was $963 worth of target merchandise, from Davis’ local Target store.
DPD Sequeira questioned the witness on stand, an officer with the Davis Police Department, if the amount of merchandise stolen without sales tax equated to less than $950, to which the officer responded, “Yes,” meaning the theft charge would be a misdemeanor since amounts $950 and over are felonies.
DPD Nelson stood behind this notion, that the accused in question did not conspire to steal over $950 worth of merchandise, but that the state sales tax was what pushed the amount stolen to be over the threshold. As DPD Sequeira asserted in the court, it is case law that defends the usage of sales tax in the total amount stolen.
Deputy District Attorney Daniella Dunham responded to the defense, arguing the “conspiracy” aspect of the charges was confirmed by the accused entering the same vehicle. In regards to the amount stolen, the DDA did not have a clear cut comment on whether or not the amount stolen should be considered over or under the threshold number of $950.
After listening to the arguments of both sides, Judge Dyer ruled to continue with a criminal arraignment for both of the accused on current charges, including the felony theft one.
Both of the accused remain jailed. One accused’s bail is $50,000 and another’s bail is $1,000. Arraignment on charges is set for Oct. 18.
