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Name: People v Lara
Case #: S243975
Court: CA Supreme Court
District CalSup
Opinion Date: 04/11/2019

The ameliorative provisions of Proposition 47 apply directly in trial and sentencing proceedings held after the measure's effective date, regardless of whether the alleged offense occurred before or after that date. Following a jury trial, Lara was convicted of a violation of Vehicle Code section 10851 based on evidence he drove a stolen car. On appeal, he argued that his felony section 10851 conviction must be reduced to a misdemeanor based on Penal Code section 490.2, which was added by Proposition 47. Lara's alleged offense occurred before Proposition 47 went into effect (Nov. 5, 2014), but his trial and sentencing…

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Name: People v. Valenzuela
Case #: S239122
Court: CA Supreme Court
District CalSup
Opinion Date: 06/03/2019

Street terrorism conviction must be dismissed where defendant's felony grand theft conviction was reclassified as a misdemeanor under Proposition 47, thereby negating the "felonious conduct" element of the street terrorism offense subsumed within the same judgment. In 2013, Valenzuela stole a $200 bicycle and on that basis was convicted of both grand theft (Pen. Code, § 487 subd. (c)) and street terrorism (Pen. Code, § 186.22, subd. (a)). After Proposition 47 went into effect, Valenzuela successfully petitioned to have the grand theft conviction reclassified as misdemeanor petty theft. However, the resentencing court refused to dismiss defendant's street terrorism…

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Name: People v. Morales
Case #: A152525
District 1 DCA
Division: 4
Opinion Date: 03/28/2019

Proposition 47 does not preclude felony punishment for a Vehicle Code section 10851 conviction based on unlawfully driving a vehicle without the owner's consent. Morales was using a white van that he did not own. He told a law enforcement officer that a man gave Morales the van to use because he was homeless, and that he was supposed to return the van in a few days. The business that owned the vehicle did not give Morales permission to drive it, did not even know the van was missing, and did not know how long the van was gone.…

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Name: People v. Brown
Case #: A153191
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 02/27/2019

Defendant's separate acts of receiving stolen property could not be aggregated in order to exceed the $950 value threshold for felony status. A search of Brown's vehicle revealed various items of clothing stolen from two different stores (valued at $754 from one store, and $206.84 from the other). He was charged with and found guilty of a single felony count of receiving stolen property (Pen. Code, § 496, subd. (a)), as a result of aggregating the value of the items to exceed $950. Brown appealed, arguing that, because he took possession of the property in two discrete transactions, it…

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Name: People v. Colbert
Case #: S238954
Court: CA Supreme Court
District CalSup
Opinion Date: 01/24/2019

Entering an interior room that is objectively identifiable as off-limits to the public with intent to steal therefrom is not shoplifting, but instead remains punishable as burglary. Colbert filed petition under Proposition 47 to redesignate his felony burglary convictions as shoplifting misdemeanors. It was undisputed Colbert stole money from the back offices of convenience stores during business hours while his accomplice distracted the clerk at the register. The superior court denied the petition, concluding, inter alia, that each offense was based upon entry into a private office area, not a commercial establishment that was open during business hours. The Court…

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Name: People v. Baldwin
Case #: A147588
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/21/2018

Trial court was required to determine validity of petitioner's prior prison term enhancements at the time of his Proposition 47 resentencing and should not have imposed three of the enhancements where the underlying felonies were reduced to misdemeanors. In 2012, Baldwin was convicted of felony petty theft with theft priors and other offenses. He was sentenced to prison for three years plus six consecutive one-year enhancements for prior prison terms (Pen. Code, § 667.5, subd. (b)). In 2015, Baldwin filed a Proposition 47 petition to resentence the felony theft as a misdemeanor and dismiss four of the enhancements as no…

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Name: People v. Franske
Case #: C081591
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/01/2018

The theft of items from an employee's purse in a commercial establishment while open during regular business hours may qualify as shoplifting under Penal Code section 459.5. In 2010, Franske went into Dole Transportation to inquire about a motor home for sale and an employee left the main lobby to contact the owner. When the employee returned she found Franske had taken items from her purse, which had been in her office. Franske pleaded no contest to second degree burglary (in addition to other offenses committed earlier), and her sentence was enhanced under Penal Code section 12022.1, because she was…

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Name: People v. Kelly
Case #: F071934
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/01/2018

Where defendant's two prior convictions were redesignated as misdemeanors prior to his sentencing in a new case, prior prison term enhancements (Pen. Code, 667.5, subdivision (b)) based on these prior convictions could not be imposed. Kelly was convicted of several felonies and the court found true nine prior prison term enhancements under section 667.5. Prior to sentencing in this case, Kelly's seventh and eighth prior prison term felonies were reduced to misdemeanors under Proposition 47. At sentencing for the current offenses, he argued that he should only be subject to a prior prison term enhancement for his two…

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Name: Caretto v. Superior Court (People)
Case #: B265256
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 11/01/2018

The balances in bank accounts linked to stolen debit cards may be considered in determining the fair market value of the stolen cards. Caretto pleaded no contest to two counts of receiving stolen property (Pen. Code, § 496) after he was found with two stolen debit cards. After Proposition 47 amended section 496 to provide that receiving stolen property valued at $950 or under is a misdemeanor, Caretto filed a motion during his probation violation proceedings requesting that these offenses be reduced to misdemeanors. The trial court concluded that the value of the cards was the amount of money in…

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Name: People v. Acosta
Case #: B263849
District 2 DCA
Division: 6
Opinion Date: 11/13/2018

Where trial court pronounced an aggregate sentence for multiple felony convictions in three separate cases, it could reimpose prior prison term enhancements, subject to Proposition 47, after all but one of the offenses were reduced to misdemeanors. In May 2014 Acosta was sentenced in three separate cases. The sentence in case 2 included six years for six prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). In case 1, the trial court purported to dismiss the six prior prison term enhancements because the same enhancements had been used to add six years to Acosta's sentence in case 2. After…

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