Prop 47

Opinion By: Justice Cuéllar (unanimous decision) A felony conviction for misuse of personal identifying information (Pen. Code, § 530.5, subd. (a)) cannot be reduced to misdemeanor shoplifting under Proposition 47. On two occasions in 2016, Jimenez entered a commercial check-cashing…

Opinion By: Justice Kruger (unanimous decision) A person who has unlawfully taken a vehicle worth $950 or less with the intent to temporarily deprive the owner of possession in violation of Vehicle Code section 10851 is eligible for Proposition 47…

Opinion By: Justice Liu (unanimous decision) A meaningful connection between forgery and identity theft, for purposes of the identity theft exception to misdemeanor treatment of a forgery offense (Pen. Code, § 473, subd. (b)), requires a facilitative relationship between the…

The fair market value of stolen access card information is a factual question that involves various factors and unauthorized charges do not necessarily reflect the minimum fair market value. Prior to the passage of Proposition 47, Liu was convicted of…

Opinion By: Justice Chin (unanimous decision) Penal Code section 459.5, subdivision (b) prohibits a prosecutor from charging shoplifting and theft of the same property, even in the alternative. Lopez entered a Walmart and stole items worth $496. He was charged…

Juvenile court erred in sustaining second degree burglary allegation when conduct (theft of items from locker room at public hockey facility) fell under the definition of shoplifting. A juvenile court found minor E.P. committed burglary (Pen. Code, § 460, subd.…

Defendant was not eligible for resentencing under Proposition 47 because the use of explosives to gain access to an ATM machine constituted burglary rather than shoplifting. Osotonu pleaded no contest to numerous offenses, including a burglary based on an incident…