Caretto v. Superior Court
Annotate this Case
On remand from the California Supreme Court, the Court of Appeal granted a writ of mandate challenging the trial court's denial of a petition for resentencing pursuant to Penal Code section 1170.18, a provision added by Proposition 47. The court considered the matter in light of People v. Romanowski, (2017) 2 Cal.5th 903, which confirmed that the "reasonable and fair market value" test from Penal Code section 484 was the proper measure of the $950 value threshold for theft crimes.
The court reasoned that Romanowski set the proper valuation test as fair market value and held that evidence of illicit sales could be considered, but the court did not limit the type of evidence that might be relevant to show fair market value. The court held that the balances in linked accounts could certainly be relevant evidence of the fair market value. However, because Romanowski was decided after the trial court proceedings in this case, the court granted the writ petition and remanded for the trial court to give petitioner the opportunity to present evidence of the fair market value of the stolen cards consistent with Romanowski.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.