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One of the first notable applications of Proposition 36 occurred on December 18, 2024, when the Kern County District Attorney's Office charged a man named Dustin Towery under this new law. Towery allegedly targeted two electric scooters valued at $879 at the Shoppes at Riverwalk. His actions marked him as a repeat offender, underscored by a history of theft-related convictions that spanned from 2018 to 2020.

Until the passage of Proposition 36, offenses like Towery's would typically qualify as misdemeanors, which generally carry lighter consequences. However, under the new statute, his actions were classified as felony charges pursuant to California Penal Code Section 666.1, aiming to impose stricter legal repercussions for those with previous theft convictions.