Grand theft is punishable as follows:
(a)If the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, or two or three years.
(b)If the grand theft involves a violation of Section 487a, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. The proceeds of this fine shall be allocated to the Bureau of Livestock Identification to be used, upon appropriation by the Legislature, for purposes relating to the investigation of cases involving grand theft of any animal or animals, or of the carcass or carcasses of, or any portion of the carcass
or carcasses of, any animal specified in Section 487a.
(c)(1)In all other convictions for grand theft not described in either subdivision (a) or (b), by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2)In a county participating in a rural crime prevention program pursuant to Title 11.5 (commencing with Section 14170) or Title 11.7 (commencing with Section 14180) of Part 4, the proceeds of a fine imposed pursuant to a conviction for a violation of Section 487k shall be allocated by the Controller, upon appropriation by the Legislature, to the Central Valley Rural Crime Prevention Program
and the Central Coast Rural Crime Prevention Program, in accordance with the schedule specified in paragraph (12) of subdivision (c) of Section 13821.
Notes of Decisions
Cited in
53
cases (
1 in the last 5 years), 1884–2022 · leading case:
Ewing v. California, 538 U.S. 11 (2003).
Ewing v. California, 538 U.S. 11 (2003).
· cites it 2× “Cal. Penal Code Ann. § 489 (West 1999), § 667.”
People v. Page, 406 P.3d 319 (Cal. 2017).
“) This reading of Proposition 47 is consistent with the voters' instruction, in two uncodified **325 sections of the initiative measure, that Proposition 47 be construed "broadly" and "liberally" to effectuate its purposes.”
People v. Whitmer, 329 P.3d 154 (Cal. 2014).
· cites it 2× “(Pen. Code, §§ 489, subd. (c), 1170, subd.”
United States v. Ali Boumelhem, 339 F.3d 414 (6th Cir. 2003).
“Here, Boumelhem pleaded nolo conten-dere to grand theft of personal property exceeding $400, a violation of California Penal Statute § 487. This form of grand theft is punishable either by imprisonment in a county jail not exceeding one year or by imprisonment in the state…”
In re Wright, 422 P.2d 998 (Cal. 1967).
“, grand theft, with a maximum of 10 years [Pen. Code, § 489]) and an offense subject to a greater penalty but not listed in the habitual criminal statute (e.”
People v. Mendoza, 171 Cal. App. 4th 1142 (Cal. Ct. App. 2009).
“…sentence of at least 16 months in state prison if his probation was revoked for willful failure to pay restitution. (Pen. Code, §§ 489, subd. (a), 18.)”
Ruben Ceron v. Eric H. Holder Jr., 712 F.3d 426 (9th Cir. 2013).
· cites it 3× “at 844 (quoting Cal. Penal Code § 489 (b) (1992)). The state court had suspended the proceedings and ordered the petitioner to serve probation.”
People v. Campbell, 63 Cal. App. 3d 599 (Cal. Ct. App. 1976).
“) Since the crime of petty theft carries a lesser punishment than that of grand theft (Pen. Code, §§ 489 and 490), we shall stay execution of sentence on count I, petty theft (information No.”
People v. Rader, 228 Cal. App. 4th 184 (Cal. Ct. App. 2014).
“(2); Pen. Code, § 489.)” (Gasaway v. Superior Court, supra, 70 Cal.”
In Re Daoud, 549 P.2d 145 (Cal. 1976).
“” 4 Although grand theft can constitute a felony (Pen. Code, § 489), petitioner’s grand theft conviction was for a misdemeanor since she was sentenced to the county jail rather than the state prison.”
People v. Manning, 133 Cal. App. 3d 159 (Cal. Ct. App. 1982).
“The defendant was charged with the hybrid offense of grand theft (Pen. Code, § 489). At the pre *166 liminary hearing the magistrate refused to exercise his discretion under Penal Code section 17 unless the defendant entered a guilty plea to the charge.”
— Cal. Penal Code § 489(b) — 1 case
Ruben Ceron v. Eric H. Holder Jr., 712 F.3d 426 (9th Cir. 2013).
“at 844 (quoting Cal. Penal Code § 489 (b) (1992)). The state court had suspended the proceedings and ordered the petitioner to serve probation.”
— Cal. Penal Code § 489(c) — 1 case
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