I was convicted of a Prop 47 offense and of conspiracy to commit a theft crime. Can I reduce both?

Although petty theft is an eligible offense, conspiracy is not.

It’s not uncommon for defendants to be convicted of both a crime and of conspiracy to commit another crime. For example, two people who burglarize a convenience store might end up with second-degree burglary convictions and conspiracy convictions (that is, conspiring to commit a crime, such as theft, once they entered the building).

A second-degree burglary is covered by Prop 47, which means the defendant could petition or apply for a reduction to a misdemeanor. And petty theft is also an eligible offense. But what about conspiring to commit a petty theft? A California Court of Appeal decision said no: Conspiracy is a separate crime, described in Penal Code Section 182, and that section is not on the list of eligible Prop 47 crimes. And indeed, the court reasoned, for good reason: Conspiracy crimes “present a greater evil than crimes committed by an individual,” so it’s not surprising that lawmakers didn’t place conspiracy among the relatively mild offenses covered by Proposition 47. (People v. Segura, 2015 DJDAR 100022, filed August 24, 2015)

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