People v. Moore CA3

BACKGROUND

Wendy Davis determined in 2013 that her ATM card was missing from her home. Defendant had rented a room from Davis and was later found in possession of the missing ATM card. Defendant pleaded no contest to felony possession of access card account information with the intent to defraud. (§ 484e, subd. (d) -- count 2.) The trial court placed him on probation for five years. Defendant subsequently filed a section 1170.18 petition for resentencing on his conviction. The trial court initially denied the petition, but after defendant filed a motion for reconsideration, the trial court granted the petition, reduced the section 484e, subdivision (d) conviction to a misdemeanor, and resentenced defendant by denying probation and awarding credit for time served.

STANDARD OF REVIEW

Because this court and the Central California Appellate Project were unable to contact defendant, defendant is not represented by counsel in this appeal and did not file a respondent’s brief. California Rules of Court, rule 8.220(a)(2) states this court “may

2 decide the appeal on the record, the opening brief, and any oral argument by the appellant.” Nevertheless, the appellant bears the…