California v. Grant
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Defendant Kenneth Grant admittedly stole merchandise from a Wilsons Leather outlet store. Everything there was sold at a discount (as evidenced by a “comparable value” the store displays on tags attached to each product). At trial, the prosecution introduced evidence showing that the cumulative comparable values of the stolen merchandise exceeded the $950 felony theft threshold. However, the prosecution introduced: (1) no evidence establishing that the comparable values represented the merchandise’s actual fair market values; and (2) evidence of actual sales prices for only a few of the stolen products (totaling about $265). Presumably relying on the comparable values, the jury found the value of the stolen merchandise exceeded $950, and convicted Grant of
grand theft and burglary. The trial court sentenced him to three years in local custody. On appeal, Grant contended his grand theft conviction must be reduced to petty theft, and his burglary conviction had be reversed, because: (1) the trial court erroneously instructed the jury regarding the definition of fair market value; (2) the trial court failed to instruct the jury regarding the distinction between burglary and misdemeanor shoplifting; and (3) substantial evidence did not support the finding that the value of the stolen merchandise exceeded $950. Even if the jury had been properly instructed, the Court of Appeal concluded its finding regarding the fair market value of the stolen merchandise was not supported by substantial evidence. Accordingly, the Court reduced Grant’s grand theft conviction to petty theft, reversed his burglary conviction, and remanded for resentencing.
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