People v. Galaz CA4/2

INTRODUCTION

In May 2013, defendant Antoinetta P. Galaz shoplifted merchandise worth about 1 $108 from an Old Navy store. In March 2014, a jury convicted defendant of one count of

second degree commercial burglary in violation of Penal Code section 459.1 After

waiving the right to a jury trial, defendant admitted a prior prison term conviction

pursuant to section 667.5, subdivision (b). In April 2014, the trial court sentenced

defendant to four years in county jail and imposed a $750 appointed counsel fee and a

$505 probation cost fee.

On appeal, defendant challenges the trial court’s imposition of fees and asks this

court to reverse defendant’s felony conviction in view of Proposition 47, which was

enacted in November 2014,2 after defendant was sentenced in April 2014. We reject

defendant’s contentions and affirm the judgment.

II

FACTUAL STATEMENT

A. Prosecution’s Evidence

On May 30, 2013, defendant entered an Old Navy store in Rancho Cucamonga

with a friend, Carla Carpenter, and her child. Defendant was carrying a white Old Navy

bag that “was worn and wrinkled” and appeared to be empty. That particular style of bag

was used only during the holiday season between…