New state law on criminal sentences could affect Modesto murder trial

Closing arguments were supposed to begin Wednesday in a Modesto murder trial, but a new state law approved by voters Tuesday stalled the case and could affect the jury’s verdict.

Jacob Segura, Taylor Koplen and Juan Garcia are accused of murder in the death of 18-year-old Tylor Crippen, who was stabbed at Creekwood Park. The defendants also face charges of robbery and two counts of attempted robbery, along with enhancements of committing crimes for the benefit of the Norteño street gang.

The attempted robbery charges were felonies because prosecutors say the defendants were trying to rob Crippen and his girlfriend before they chased the young man into the park, where he was stabbed to death.

The approval of Proposition 47 in Tuesday’s election could change how the court instructs the jury, possibly adding less serious theft charges for the jurors to choose from.

The new state law could allow the jury to choose to convict the defendants of felony attempted robbery or attempted grand theft, which is considered a misdemeanor.

Attorneys in the case spent a few hours Wednesday arguing over the issue as they tried to shape the jury instructions. The jury was asked to return Thursday afternoon.

Before then, Stanislaus Superior Court Judge Dawna Reeves is expected to hear more arguments on how the jury should be instructed. She is supposed to make a decision Thursday before the jury returns to the courtroom.

Proposition 47 reduces some nonviolent drug and property crimes to misdemeanors and alters sentencing for others already convicted of those crimes. Those with a history of violence or sex offenses will be ineligible for the lighter sentences. Proponents say the law will cut into California’s prison population, creating cost savings to be funneled into a fund for crime victims, the state jails commission and the state Department of Education.

Law enforcement leaders in this region say the law puts criminals back on the street, giving them more opportunities to continue committing drug and property crimes. They say the new law takes discretion out of the hands of prosecutors and the courts.

Before the law, prosecutors could charge a theft of less than $950 as a felony depending on the circumstances that led to the theft. They can’t do that anymore.

Proposition 47 passed with 58.5percent of the vote, a difference of about 800,000 votes, according to state election results Wednesday. In Stanislaus County, 53.75 percent voted against the state ballot measure.

This story was originally published November 5, 2014 at 4:52 PM with the headline "New state law on criminal sentences could affect Modesto murder trial."