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Name: In re Campbell
Case #: G052575
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/15/2017

Trial court erred in granting habeas petition without first issuing an order to show cause, warranting reversal. In 2012, Campbell was convicted of drug related charges, including several felony drug convictions. In 2015, Campbell's Proposition 47 petition to reduce his six prior felony convictions to misdemeanors was granted. Campbell then filed a petition for resentencing under Penal Code section 1170.18, followed by a habeas petition titled, "For Proposition 47 Resentencing Only." The habeas petition was filed pursuant to an expedited habeas procedure for Proposition 47 cases developed by the Orange County Superior Court. The district…

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Name: People v. Sloat
Case #: B270080
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/10/2017

Trial court erred in denying Proposition 47 petition to reduce a conviction for petty theft with a prior to a misdemeanor on the ground that the offense did not constitute "shoplifting" (Pen. Code, § 459.5, subd. (a)). Sloat petitioned to have his 2002 felony conviction for petty theft with a prior (former Pen. Code, § 666) reduced to a misdemeanor (Pen. Code, § 1170.18, subd. (f)). At a hearing that Sloat did not attend and where he was not represented by counsel, the trial court denied the petition. The court impliedly agreed with the prosecutor's position that the offense was…

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Name: People v. Vandiver
Case #: E065899
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/30/2017

Receiving stolen property conviction properly reduced to misdemeanor under Proposition 47 where value of blank check is less than $950. In 2012, Vandiver pleaded guilty to felony receiving stolen property (Pen. Code, § 496, subd. (a)) based on her possession of blank checks she knew had been stolen. Vandiver petitioned the trial court to have her conviction redesignated a misdemeanor under Proposition 47, on the ground that the checks were worth less than $950. The trial court found the value of the checks to be de minimis and granted her petition. The People appealed. Held: Affirmed. Proposition 47 reduced the…

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Name: People v. Hernandez
Case #: H043551
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/28/2017

Defendant's indeterminate life sentence under the Three Strikes law for robbery conviction did not preclude Proposition 47 relief. In 1997, defendant Hernandez was convicted of second degree robbery and petty theft with a specified prior conviction and two prior strike allegations were found true. For the robbery, defendant was sentenced to an indeterminate term of 25 years to life under the Three Strikes law. His petty theft term was stayed. In 2015, defendant petitioned to have his petty theft with a prior conviction reduced to a misdemeanor under Proposition 47. The trial court denied relief on the ground that his…

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Name: People v. Romanowksi
Case #: S231405
Court: CA Supreme Court
District CalSup
Opinion Date: 03/27/2017

Felony conviction for theft of access card information (Pen. Code, § 484e, subd. (d)) is eligible for resentencing under Proposition 47 to misdemeanor petty theft (Pen. Code, § 490.2) if the value of the access card information is $950 or less. Romanowski pleaded no contest to felony theft of access card account information. After Proposition 47 passed, he petitioned to have the felony conviction resentenced to misdemeanor petty theft. The superior court denied the petition, reasoning that Proposition 47 was inapplicable to theft of access card information. Romanowski appealed and the Court of Appeal reversed and remanded for a hearing…

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Name: People v. Van Orden
Case #: E066432
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/23/2017
Subsequent History: Review granted 6/14/2017: S241574

Some convictions under Vehicle Code section 10851 (unlawful driving or taking a vehicle) are eligible for resentencing under Proposition 47 to misdemeanor petty theft (Pen. Code, § 490.2). In 1999 Van Orden pleaded guilty to felony unlawful taking or driving of a vehicle (Veh. Code, § 10851). After Proposition 47 passed, he filed a petition to reduce the conviction to misdemeanor petty theft. The trial court denied his petition, finding that section 10851 convictions were ineligible for reduction under Proposition 47. Van Orden appealed. Held: Reversed. Proposition 47 reduced a number of drug and theft offenses from felonies or wobblers…

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Name: People v. Call
Case #: F071500
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/14/2017

When the offenses underlying prior prison term enhancements are reduced to misdemeanors prior to sentencing, the trial court may not enhance the sentence with those priors. A jury convicted Call of transporting methamphetamine (Health & Saf. Code, § 11379) and possession of methamphetamine for sale (Health & Saf. Code, § 11378), and found three prior prison term enhancements true (Pen. Code, § 667.5, subd. (b)). Prior to sentencing, the three receiving stolen property offenses underlying the prison priors were reduced to misdemeanors under Proposition 47. Over defense objection, the trial court imposed three years for the enhancements. Call appealed. Held:…

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Name: People v. Bunyard
Case #: F071846
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/22/2017

A defendant's entry into a 24-hour laundromat with the intent to break into a coin-operated soap dispenser and steal less than $950, is misdemeanor "shoplifting" (Pen. Code, § 459.5). In 2012, Bunyard pleaded no contest to second degree burglary and admitted prior prison term enhancements. In early 2015, he petitioned under Proposition 47 to have his felony conviction reclassified as a misdemeanor. The trial court denied the petition because Bunyard had entered a laundromat with the intent to pry open a coin-operated soap dispenser and steal money, which the court found was not "shoplifting." Bunyard appealed. Held: Reversed and remanded.…

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Name: People v. Gonzales
Case #: S231171
Court: CA Supreme Court
District CalSup
Opinion Date: 03/23/2017

Entering a bank to cash a forged check qualifies as shoplifting under Proposition 47 (Pen. Code, §§ 459.5, 1170.18). Gonzales pleaded guilty to second degree burglary (Pen. Code, § 459) for entering a bank and cashing two $125 forged checks. After Proposition 47 passed he filed a petition to reduce the felony second degree burglary conviction to misdemeanor shoplifting. The trial court denied his petition and the Court of Appeal affirmed. The Supreme Court granted review. Held: Reversed and remanded. Proposition 47 turned a number of drug and theft offenses from wobblers or felonies into misdemeanors and, as relevant here,…

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Name: People v. Khamvongsa
Case #: B269998
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 02/24/2017

A defendant whose prior felony conviction has been reclassified as a misdemeanor under Proposition 47 may seek dismissal of the offense (Pen. Code, § 1203.4a) despite having served a prior prison term for the conviction. In 2002, defendant pleaded guilty to felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and being under the influence of a drug (Health & Saf. Code, § 11550, subd. (a)), and admitted a strike prior. She was sentenced to state prison. In November 2015, her Proposition 47 petition was granted and the offense was reclassified as a misdemeanor. Defendant…

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