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Name: People v. Morris
Case #: H041781
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/12/2015

After Proposition 47 resentencing, a defendant's excess custody credits may be applied to reduce eligible fines, including restitution fines in cases where the crime occurred before 2014. In 2013, Morris pleaded no contest to felony petty theft with priors (Pen. Code, § 666, subd. (a)) and admitted he had a prior strike and two prison priors. The court sentenced him to four years and imposed various fines and fees, including a $280 restitution fine (Pen. Code, § 1202.4, subd. (b)(2)). After Proposition 47 passed, Morris filed a petition to reduce his conviction to a misdemeanor. The court granted it and…

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Name: People v. Romanowski
Case #: B263164
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/13/2015
Subsequent History: Review granted 1/20/2016: S231405

Proposition 47 applies to theft of an access card (Pen. Code, § 484e, subd. (d)) provided the theft involved property valued at less than $950. In September 2014, Romanowski pleaded no contest to grand theft of access card information (Pen. Code, § 484e, subd. (d)). In March 2015, he filed a Proposition 47 petition for resentencing. (Pen. Code, § 1170.18.) The trial court denied the petition, concluding that Proposition 47 did not apply to the offense of theft of an access card. Romanowski appealed. Held: Reversed and remanded. Proposition 47 added Penal Code section 490.2, which redefines all grand theft…

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Name: Harris v. Superior Court
Case #: B264839
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/18/2015
Subsequent History: Review granted 2/24/2016: S231489

The People are entitled to withdraw from plea agreement where reducing defendant's felony to a misdemeanor under Proposition 47 deprived the People of the benefit of the plea bargain. Harris was charged with robbery for hitting a stranger in the face and taking his cell phone. Pursuant to a plea agreement, he pleaded guilty to grand theft, admitted a prior strike, and was sentenced to six years in prison. After Proposition 47 passed, Harris petitioned to reduce his grand theft conviction to a misdemeanor. The People filed a motion to withdraw from the plea agreement and reinstate the previously dismissed…

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Name: People v. Rivas-Colon
Case #: A144390
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 10/16/2015

The petitioner bears the burden of proving he is eligible for resentencing under Proposition 47. Rivas-Colon went into the NFL Shop at Pier 39 in San Francisco and attempted to leave with $1,437.74 worth of merchandise without paying. He pled guilty to second degree commercial burglary (Pen. Code, § 459). After Proposition 47 passed, Rivas-Colon petitioned for resentencing of his felony burglary conviction based on newly added Penal Code section 459.5, which classifies shoplifting as a misdemeanor "where the value of the property that is taken or intended to be taken does not exceed [$950]." The People argued Rivas-Colon was…

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Name: People v. Grayson
Case #: B262126
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/19/2015
Subsequent History: Review granted 1/20/2016: S231757

Felony conviction for grand theft under Penal Code section 484e, subdivision (d) is not eligible for reduction to a misdemeanor under Proposition 47. Police searched Grayson and found three credit cards and four credit card account profiles in his backpack that did not belong to him. The cardholders did not report any monetary losses. Grayson was convicted of seven felony counts of grand theft pursuant to section 484e, subdivision (d), which provides that "[e]very person who acquires or retains possession of access card account information with respect to an access card validly issued to another person, without the cardholder's or…

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Name: People v. Scarbrough
Case #: C075414
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/29/2015

Trial court lacks jurisdiction to reduce a felony conviction to a misdemeanor under Proposition 47 (Pen. Code, § 1170.18) while an appeal from that felony conviction is pending. Scarbrough pled no contest to two counts of felony possession of a controlled substance and was placed on probation. While on probation, she pled no contest to felony child endangerment and admitted probation violations. The trial court revoked probation and sentenced her to prison in 2013. She appealed. Following the passage of Proposition 47 in 2014, Scarbrough filed a petition in the trial court for resentencing of her felony drug possession convictions…

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Name: People v. Buycks
Case #: B262023
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/20/2015
Subsequent History: Review granted 1/20/2016: S231765

When trial court conducted a full resentencing after granting Proposition 47 relief, it erred by reimposing on-bail enhancement where the felony the defendant was on bail for had been reduced to a misdemeanor. In August 2014, Buycks pleaded no contest to petty theft with a prior (Pen. Code, § 666, subd. (a)) and evading a police officer. He also admitted that he committed these offenses while out on bail in a separate felony drug case (Pen. Code, § 12022.1). After Proposition 47 passed, Buycks filed petitions to reduce the felony drug offense and the petty theft offense to misdemeanors. The…

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Name: People v. Page
Case #: E062760
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/23/2015
Subsequent History: Review granted 1/27/2016: S230793

Felony conviction for unlawfully taking a vehicle (Veh. Code, § 10851, subd. (a)) may not be reduced to a misdemeanor under Proposition 47. Page pleaded guilty to a number of charges, including the unlawful taking of a vehicle, and was sentenced to prison. After Proposition 47 passed, he filed a petition to reduce his felony conviction for unlawful taking to a misdemeanor. The trial court denied his petition. He appealed. Held: Affirmed. Proposition 47 added Penal Code section 490.2, which provides that "[n]otwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where…

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Name: People v. Sellner
Case #: B261487
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/24/2015

After reducing appellant's conviction on the principal term of his sentence to a misdemeanor under Proposition 47, trial court properly imposed middle term of two years on the subordinate term felony. In 2014, Sellner was sentenced to eight months (one-third the two year midterm) for receiving stolen property, to be served consecutively to a three year principal term sentence in a different case. She obtained Proposition 47 relief on the conviction on the principal term, which was reduced to a misdemeanor, but denied such relief on the subordinate term (receiving stolen property). The trial court "resentenced" Sellner to two years…

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Name: People v. Armogeda
Case #: G051197
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/30/2015
Subsequent History: Review granted 12/9/2015: S230374

Individual on postrelease community supervision (PRCS) is serving a "sentence" for purposes of imposing a one-year parole period under Proposition 47. Armogeda pled guilty to felony possession of heroin (Health & Saf. Code, § 11350, subd. (a)) and the court sentenced him to two years in prison. In 2013 he was released on PRCS. After Proposition 47 passed in 2014, and while he was still on PRCS, Armogeda filed a petition to reduce his felony drug conviction to a misdemeanor. The court resentenced Armogeda to a misdemeanor and placed him on a one-year period of parole pursuant to Penal Code…

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