Eandi

DISCUSSION

Section 1320 was not among the offenses explicitly included in the text of the Proposition 47 initiative or the analysis of the Legislative Analyst. (Voter Information Guide, Gen. Elec. (Nov. 4, 2014) pp. 35-36, 71-73.) We are thus not concerned here with the lack of any direct effect of the initiative on defendant’s conviction for failure to appear, contrary to the manner in which the People have framed their appeal.

Failure to appear is a crime of deceit that is premised on a defendant’s breach of a contractual agreement. (People v. Jenkins (1983) 146 Cal.App.3d 22, 28.) Because it is the breach of this promise that is the gist of the offense, the ultimate disposition of the underlying offense is immaterial. (Cf. People v. Walker (2002) 29 Cal.4th 577, 583 [it is

4 Although this would appear at first blush to be an idle remand, it must be remembered that this court’s role is to review a trial court’s exercise of discretion and not to exercise this discretion in the first instance. (See Collateral Loan & Secondhand Dealers Assn. v. County of Sacramento (2014) 223 Cal.App.4th 1032, 1041, fn. 7.) The trial court did not irrevocably commit itself to this course of…