People v. Farias CA5

INTRODUCTION

As part of a plea bargain, on May 13, 2014, appellant Stephanie Ashley Farias pled to four felony counts and a misdemeanor, with a three-year sentencing “lid” and no initial state prison term. Farias was placed on felony probation, which eventually was revoked on June 2, 2015, and the trial court imposed a term of incarceration. Farias asserts the trial court erred in imposing a felony sentence on two counts, receiving stolen property and unlawful acquisition of credit card information, because Proposition 47 sentencing applies and there is insufficient evidence the offenses involved a value of over $950. We conclude the trial court did not err and affirm.

FACTUAL AND PROCEDURAL SUMMARY

On January 31, 2014, a felony complaint was filed as case No. F14901100, charging Farias in counts 1 and 2 with identity theft with a prior conviction (Pen. Code,1 § 530.5, subd. (c)(2)); count 3 charged unlawful acquisition of credit card information (§ 484e, subd. (d)); count 4 charged receiving stolen property (§ 496, subd. (a)); and in count 5 with forgery (§ 475, subd. (b)). It also was alleged as to count 1, that Farias committed the offense while on bail or own recognizance…