Prop 47

Name: People v. Mount
Case #: A161195
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/15/2021
  • Categories: Appeals, Dismiss/Abandon, Prop 47, Review Principles, Sentencing

Trial court properly dismissed a Penal Code section 1170.18, subdivision (f) (Prop. 47) petition filed by an attorney on behalf of a deceased defendant, where there was no showing how granting the petition would provide a benefit. Defendant died in…

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Name: People v. Jimenez
Case #: S249397
Court: CA Supreme Court
District CalSup
Opinion Date: 03/02/2020
  • Categories: Prop 47, Sentencing

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…

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Name: People v. Bullard
Case #: S239488
Court: CA Supreme Court
District CalSup
Opinion Date: 03/23/2020
  • Categories: Prop 47, Sentencing

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…

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Name: People v. Orozco
Case #: S249495
Court: CA Supreme Court
District CalSup
Opinion Date: 03/26/2020
  • Categories: Prop 47, Sentencing, Wobblers

Opinion By: Justice Liu (joined by Chief Justice Cantil-Sakauye and Justices Chin, Corrigan, Kruger, and Groban.). Justice Cuéllar filed an opinion concurring in the judgment. Proposition 47's revision to Penal Code section 496, making the offense of receiving stolen property…

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Name: People v. Guerrero
Case #: S253405
Court: CA Supreme Court
District CalSup
Opinion Date: 04/30/2020
  • Categories: Prop 47, Sentencing

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…

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Name: People v. Liu
Case #: S248130
Court: CA Supreme Court
District CalSup
Opinion Date: 11/21/2019
  • Categories: Prop 47, Sentencing

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…

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Name: People v. Lopez
Case #: S250829
Court: CA Supreme Court
District CalSup
Opinion Date: 04/30/2020
  • Categories: Prop 47, Sentencing

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…

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Name: People v. Foster
Case #: S248046
Court: CA Supreme Court
District CalSup
Opinion Date: 08/22/2019
  • Categories: Civil Commitments, MDO, Prop 47, Sentencing

Opinion by Justice Liu (unanimous) Redesignation of MDO's felony conviction to a misdemeanor under Proposition 47 does not undermine the validity of his initial commitment in 2010 and does not alter the criteria governing his eligibility for recommitment as an…

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Name: In re E.P.
Case #: G054375
District 4 DCA
Division: 3
Opinion Date: 05/24/2019
  • Categories: Prop 47, Sentencing

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.…

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Name: People v. Osotonu
Case #: A147060
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 05/31/2019
  • Categories: Prop 47, Sentencing

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…

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