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PEOPLE v. FARELL

No. S092183.

121 Cal.Rptr.2d 603 (2002)

28 Cal.4th 381

48 P.3d 1155

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

Supreme Court of California.

July 11, 2002.

Attorney(s) appearing for the Case

Nolan & Armstrong, Nolan, Armstrong & Barton, Thomas J. Nolan, Palo Alto, Mark K. Goldman, Mara I. Kapelovitz and Daniel J. Barton, Palo Alto, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Joan Killeen, Raymond A. Cardozo, Moona Nandi, Gerald A. Engler and George F. Hindall III, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

In this case we determine whether Penal Code section 1203.044, which requires the imposition of a minimum county jail sentence as a condition of probation upon conviction of certain theft offenses, applies to the theft of property other than money, including trade secrets.1 We conclude that it does.

I

On April 18, 1997, an amended complaint was filed charging defendant with the theft of a trade secret, in...

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