People v. Lopez

Summary

The court held that the applicable statute prohibits charging shoplifting and theft of the same property, including in the alternative. It nevertheless permits a shoplifting charge to allege that the property value did not exceed $950, making petty theft an uncharged lesser included offense when supported by substantial evidence. The court also held that theft may be charged instead of shoplifting when the prosecution can articulate an evidence-supported theory that the defendant committed theft but not shoplifting, and it reversed and remanded. There were no separate opinions.