The People, Plaintiff and Respondent v. Jeffrey Allen Whitmer, Defendant and Appellant — Liu, J., Concurring

Summary

Justice Liu concurs in the court's conclusion that the defendant committed 20 thefts rather than one, but disagrees with the court's decision to assume rather than decide whether the Bailey rule applies to grand theft. He reasons that the statutory definition of theft makes the rule applicable equally to petty and grand theft, while distinguishing a common modus operandi from a single criminal impulse, intention, and plan. Justice Werdegar, concurring, agrees with the majority's result and due-process limitation, while Justice Rushing, dissenting, would reaffirm the aggregation rule and would not disturb the judgment.