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Name: People v. Mount
Case #: A161195
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/15/2021

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 2012. In 2020, the public defender filed a petition under section 1170.18 to have his 1998 felony conviction designated as a misdemeanor. The trial court dismissed the petition and the public defender appealed. Held: Appeal dismissed. A petition to recall a sentence and designate a felony as a misdemeanor under 1170.18, subdivision (f) is moot…

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Name: People v. Jimenez
Case #: S249397
Court: CA Supreme Court
District CalSup
Opinion Date: 03/02/2020

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 store during business hours to cash a check from OuterWall, Inc., made payable to himself. Each check contained OuterWall's personal identifying information in the form of an account number. OuterWall had not issued the checks in Jimenez's name, nor did Jimenez have permission to possess, issue, or use the checks. Jimenez was convicted of two felony counts of misusing…

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Name: People v. Bullard
Case #: S239488
Court: CA Supreme Court
District CalSup
Opinion Date: 03/23/2020

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 relief. Bullard pleaded guilty to a felony violation of section 10851 based on evidence he took his girlfriend's car without her permission and later returned the car. After Proposition 47 passed, Bullard petitioned to have his conviction redesignated as a misdemeanor. The trial court denied the petition, finding that Proposition 47 did not affect section 10851. The Court of…

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Name: People v. Orozco
Case #: S249495
Court: CA Supreme Court
District CalSup
Opinion Date: 03/26/2020

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 a misdemeanor when the value of the property is $950 or less, does not extend to convictions for receiving a stolen vehicle (Pen. Code, § 496d). In 2014, Orozco pleaded guilty to one count of unlawfully driving a vehicle (Veh. Code, § 10851, subd. (a)) and one count of receiving a stolen vehicle (Pen. Code, §…

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Name: People v. Guerrero
Case #: S253405
Court: CA Supreme Court
District CalSup
Opinion Date: 04/30/2020

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 two offenses. After Guerrero was arrested, a driver's license, a benefits card, and checks that did not belong to him were found in his wallet. A counterfeit $50 bill was also discovered. He was convicted of a number of offenses, including misdemeanor possession of the personal identifying information of another (Pen. Code, § 530.5, subd. (c)(1)) and felony forgery…

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Name: People v. Liu
Case #: S248130
Court: CA Supreme Court
District CalSup
Opinion Date: 11/21/2019

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 five counts of theft of access card information under Penal Code section 484e, subdivision (d) (among other offenses). The trial court denied Liu's Proposition 47 petition to resentence these offenses as misdemeanors. While Liu's appeal was pending, the California Supreme Court decided People v. Romanowski (2017) 2 Cal.5th 903, which addressed Proposition 47's application to section 484e, subdivision (d). Applying…

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Name: People v. Lopez
Case #: S250829
Court: CA Supreme Court
District CalSup
Opinion Date: 04/30/2020

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 with shoplifting and petty theft but was convicted solely of theft because the jury could not reach a verdict on shoplifting. On appeal, Lopez argued that his conviction must be reversed because he had been charged in violation of section 459.5, subdivision (b), which prohibits charging burglary or theft and shoplifting of the same property. The Court of Appeal affirmed,…

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Name: People v. Foster
Case #: S248046
Court: CA Supreme Court
District CalSup
Opinion Date: 08/22/2019

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 MDO. Foster pleaded guilty to felony grand theft. In 2010, he was admitted to a state hospital as an MDO as a parole condition. His commitment was extended several times. In 2016, he successfully petitioned to have his conviction redesignated as a misdemeanor under Proposition 47. The trial court denied Foster's motion to dismiss his recommitment as…

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Name: In re E.P.
Case #: G054375
District 4 DCA
Division: 3
Opinion Date: 05/24/2019

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. (b)) and receiving stolen property (Pen. Code, § 496) among other allegations. E.P. admitted stealing items from bags left by players in a locker room at a public ice hockey facility. E.P. moved to dismiss the burglary charge, arguing that the prosecution failed to prove he had not committed shoplifting (Pen. Code, § 459.5). In denying this motion, the juvenile…

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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

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 where explosives were used in the middle of the night to open an ATM machine affixed to the side of the bank. He filed a petition under Proposition 47, requesting that he be resentenced to misdemeanor shoplifting for this offense. The trial court denied the petition and Osotonu appealed. After the Court of Appeal initially reversed,…

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