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PEOPLE v. FARELL

No. H019633.

99 Cal.Rptr.2d 868 (2000)

83 Cal.App.4th 609

The PEOPLE, Plaintiff and Respondent, v. Alejandro FARELL, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Granted December 13, 2000.

Attorney(s) appearing for the Case

Thomas K. Nolan, Mara I. Kapelovitz, Nolan & Armstrong, for Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Joan Killeen, Supervising Deputy Attorney General, Raymond A. Cardozo, Deputy Attorney General, for Respondent.

MIHARA, J.

In this case we are called upon to determine whether Penal Code1 section 1203.044, which mandates at least a 90-day sentence in a county jail as a condition of probation for a defendant convicted of a felony for theft of an amount exceeding $50,000 in a single transaction or occurrence, applies to the theft of trade secrets. We hold that the statute is ambiguous and may not be applied to this offense.

FACTUAL BACKGROUND...

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