Skip to content
Name: People v. Soto
Case #: D072319
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/24/2018

Defendant who was convicted of theft from an elder or dependent adult (Pen. Code, § 368, subd. (d)) is not eligible for reduction of the offense to a misdemeanor under Proposition 47. In 2006, Soto pleaded guilty to theft from an elder exceeding $400 (Pen. Code, § 368, subd. (d)) after he used his grandmother's identifying information to open a new credit card on her account and used the card to make unauthorized purchases. In 2017, Soto filed a Proposition 47 petition to reduce his felony conviction to a misdemeanor. The trial court denied the petition, deeming the underlying conviction…

View Full Summary
Name: People v. Williams
Case #: A143877
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 05/21/2018

A conviction for buying or receiving a stolen vehicle in violation of Penal Code section 496d qualifies for resentencing under Proposition 47. In 2011, Williams was convicted of receiving a stolen vehicle, a felony, in violation of section 496d, subdivision (a). After the passage of Proposition 47 in 2014, he filed a petition for resentencing. The court denied the petition, ruling that Proposition 47 did not apply to section 496d. No evidence was taken on the value of the vehicle. Williams appealed. Held: Affirmed without prejudice to filing a new petition demonstrating Williams'…

View Full Summary
Name: People v. Simms
Case #: A149575
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 05/25/2018

Proposition 47 petitioner's right to be present was violated where he did not waive his right to attend contested proceedings to determine the value of property that he stole. As part of a plea bargain, Simms pleaded no contest to felony grand theft from a person and two counts of felony second degree burglary based on allegations that he took money from a tire store on two separate days. After the passage of Proposition 47, he filed a petition to reduce the offenses to misdemeanors. He waived his right to be present for a hearing on the petition on…

View Full Summary
Name: People v. Washington
Case #: B284474
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/25/2018

In a petition for resentencing under Proposition 47, a petitioner's statement that the value of the stolen property did not exceed $950 is sufficient to meet his initial prima facie burden with respect to the value of the stolen goods in question. In 2002, Washington was convicted of identity theft, burglary, and possession of a forged driver's license based on evidence that he used another person's identity without permission to secure credit and purchase items at a department store. After the passage of Proposition 47 in 2014, Washington filed a petition requesting that his felony burglary conviction be…

View Full Summary
Name: People v. Martinez
Case #: S231826
Court: CA Supreme Court
District CalSup
Opinion Date: 03/29/2018

Defendant who was convicted of drug transportation prior to 2013 amendment to Health and Safety Code section 11379 is not eligible for reduction of the offense to a misdemeanor under Proposition 47. In 2010, Martinez was convicted of transportation of methamphetamine (Health & Saf. Code, § 11379) and possession of methamphetamine (§ 11377). After voters passed Proposition 47 in 2014, Martinez filed a petition to have his convictions reduced to misdemeanors. The trial court found Martinez ineligible for resentencing on the transportation offense, and the Court of Appeal affirmed. The California Supreme Court granted review. Held: Affirmed. Proposition…

View Full Summary
Name: People v. Sanders
Case #: D072875
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/17/2018

A violation of Penal Code section 530.5, subdivision (a) (often referred to as identity theft) may not be deemed a petty theft under Proposition 47 because it is not actually a theft offense. In 2017, the defendant filed a Proposition 47 petition to reduce a number of offenses to misdemeanors. The court granted the petition in part, but denied it as to two counts of identity theft (Pen. Code, § 530.5). Sanders appealed, arguing that the identity theft offenses must be deemed petty thefts because the amount of money or merchandise taken was less than $950. Held: Affirmed.…

View Full Summary
Name: People v. Liu
Case #: B279393
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/09/2018

In determining eligibility for Proposition 47 relief, the trial court may consider the value of the property obtained using the access card information to determine its reasonable and fair market value. In 2013, a jury convicted Liu of 22 theft-related counts connected to her plan of offering loan services to immigrants. Liu later filed six petitions seeking to have her felony sentences recalled and redesignated as misdemeanors under Proposition 47 (Pen. Code, § 1170.18, subd. (a)), which the trial court denied. Liu appealed. Held: Affirmed in part, reversed and remanded in part. Proposition 47 reduced the penalties for certain drug…

View Full Summary
Name: People v. Gutierrez
Case #: B275509
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/26/2018

Conviction for vehicle taking (Veh. Code, § 10851, subd. (a)) reversed where jury instructions omitted the requirement that the jury determine the value of the car. Appellant was convicted of illegally taking or driving a vehicle (Veh. Code, § 10851) and other offenses after he used his girlfriend's rental car without permission. On appeal, he challenged the conviction because there was no evidence the car was worth more than $950. Held: Reversed in part and remanded. Section 10851, subdivision (a) has both a "taking" and a "driving" prong. It prohibits a person from taking or driving a vehicle not his…

View Full Summary
Name: People v. Hatt
Case #: B283463
District 2 DCA
Division: 6
Opinion Date: 02/07/2018

A person is not eligible for redesignation of a prior felony conviction to a misdemeanor under Proposition 47 if the person suffers a disqualifying conviction after filing an application but prior to a ruling on the application. While a murder charge was pending against him in another state, Hatt applied to have his 2003 felony drug conviction redesignated as a misdemeanor under Proposition 47. The People opposed the application, and the trial court granted its motion to continue the hearing until the outcome of the pending murder charges could be determined. Once the court learned that Hatt…

View Full Summary
Name: People v. Steward
Case #: A148242
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/09/2018

When a defendant who was sentenced to prison on multiple convictions is partially resentenced under Proposition 47, any excess credits may be applied to reduce the term of postrelease community supervision (PRCS). In 2007, Steward was sentenced to nine years in prison for possession of methamphetamine, felony failure to appear, and enhancements. In 2015, his drug possession offense was reduced to a misdemeanor under Proposition 47 and the trial court waived the one year parole term (Pen. Code, § 1170.18, subd. (d)). Because Steward had credits that exceeded the new aggregate sentence, he was released from prison and placed on…

View Full Summary