On Monday, police officers were called to Walmart to investigate a woman who was concealing items in her backpack, according to the Irvine Police Department.
The arriving police officers detained the suspect as she tried to leave with stolen lighters and Nerd candy.
While searching her backpack, officers found illegal drugs inside.
Maria Carmen Penaflor, 61, of Santa Ana, was arrested and booked at the Orange County Jail on charges of theft, drug sales, and trespassing.
Penalties faced by the Suspect
Penaflor, faces substantial legal penalties in Orange County following her arrest on Monday, January 12, 2026. Because she was arrested in 2026, her case is subject to updated sentencing guidelines under Proposition 36, which significantly increased penalties for repeat drug and theft offenses in California.
Criminal Charges and Potential Sentences
The specific penalties depend on whether these charges are prosecuted as misdemeanors or felonies:
- Drug Sales (Possession with Intent to Sell): This is a serious felony charge in California (Health and Safety Code § 11351 or 11378).
- Penalty: Typically 2, 3, or 4 years in state prison. If the drugs involved are “hard drugs” like fentanyl or methamphetamine, Proposition 36 may require the sentence to be served in state prison rather than county jail.
- Drug Warning: If convicted of selling hard drugs, she must receive a written warning that she could face murder charges in the future if she provides drugs that result in a fatal overdose.
- Theft (Petty Theft/Shoplifting): Because the items (lighters and candy) likely value under $950, this is normally a misdemeanor.
- Misdemeanor Penalty: Up to 6 months in county jail and/or a $1,000 fine.
- Proposition 36 Impact: If Penaflor has two or more prior convictions for theft-related crimes (such as shoplifting or burglary), this charge can be elevated to a felony, carrying a sentence of up to 3 years in jail or prison.
- Trespassing (Penal Code § 602): Usually prosecuted as a misdemeanor.
- Penalty: Up to 6 months in county jail and/or a $1,000 fine.
Additional Consequences
- Mandatory DNA Collection: Due to the felony drug sales charge (and potential felony theft charge), California law requires the collection of a DNA sample upon arrest.
- Public Safety Review: Under current 2026 standards, a judge must assess her risk to public safety before she can be considered for pre-trial release from Orange County Jail.
- Permanent Record: Convictions for these offenses will appear on background checks, significantly impacting future housing and employment opportunities.