Susanville shoplifter sentenced to 16 months in prison; first Lassen County use of Prop 36 provision

Clarification: Here is a clarification on this story from the Lassen County District Attorney. “Thank you for sharing the story, but to clarify: This is not the first case we have charged under Prop 36. As stated, this is the first case of a standalone charge of the new 666.1 that has received a prison term, rather than having to issue citations and impose a local jail commitment. We have been charging all crimes that qualify under Prop 36 for individuals that have the requisite prior convictions, since December 18, 2024, the majority have been the controlled substance offenses. Some offenders have opted for treatment, with varying degrees of success and others have opted to deny treatment and serve out their local prison sentences. There is no treatment option for the retail theft provisions of 666.1 and the law provides that if probation is denied, the offender is to be sentenced to state prison, not county jail, for a period of no less than 16 months. Our other 666.1 offenders have had other charges that they also went to prison for. This was our first case of only retail theft.”

At least one part of Prop 36 has been applied to a criminal case in Lassen County. Last week,  Susanville woman with a history of arrests pleaded guilty to shoplifting and received a 16-month sentence in a California state prison.

According to a Facebook post by the Lassen County District Attorney’s Office, Virginia Plasencia, 42, of Susanville, was sentenced to 16-months in state prison June 25, 2025, after having pled guilty to a violation of Penal Code section 666.1.

This section, enacted by voter approval under Proposition 36, implements stronger penalties for retail theft. This was our county’s first prison sentence for a standalone violation of 666.1.

Plasencia had five prior convictions for theft crimes, three of which occurred just this past March.

On June 11, she committed two acts of shoplifting from two different local retail establishments in short succession and was apprehended by the Susanville Police Department.

Due to the enactment of section 666.1, the officer was able to take her to jail rather than release her on a citation. Our office was then able to file this case as a felony rather than a misdemeanor.

The defendant accepted responsibility for her actions by entering a guilty plea, waived application for probation and agreed to a 16-month prison sentence, to be served in CDCR and not in our county jail.

Penal Code Section 661.1
666.1. (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.

(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:

(A) Petty theft, as described in Section 488 or 490.2.

(B) Grand theft, as described in Sections 487, 487h, and in Chapter 5 (commencing with Section 484) of Title 13 of Part 1.

(C) Theft from an elder or dependent adult, as described in Section 368.

(D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.

(E) Burglary, as described in Section 459.

(F) Carjacking, as described in Section 215.

(G) Robbery, as described in Section 211.

(H) Receiving stolen property, as described in Section 496.

(I) Shoplifting, as described in Section 459.5.

(J) Identity theft and mail theft, as described in Section 530.5.

(b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney’s office or by a county probation department to a theft diversion or deferred entry of judgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.

(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.

(d) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

(Added November 5, 2024, by initiative Proposition 36, Sec. 9. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)