People v. Grant (Cal. Ct. App., Nov. 12, 2020, No. D076576) 2020 WL 6608321, at *1
Summary: Kenneth Grant stole merchandise from a Wilsons Leather outlet store where everything is sold at a discount, determined by applying varying discount percentages to 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. There was no evidence establishing that the comparable values represented the merchandise’s actual fair market values, and the only evidence of actual sales price was for a few of the stolen products (totaling about $265). The jury found the value of the stolen merchandise exceeded $950, and convicted Grant of grand theft (Pen. Code, § 487, subd. (a))1 and burglary (§ 459). The trial court sentenced Grant to three years in local custody.
On appeal, Grant contends his grand theft conviction must be reduced to petty theft, and his burglary conviction must 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 does not support the finding that the value of the stolen merchandise exceeded $950.