People v. Tucker CA6
Opinion
Opinion
STATEMENT OF THE CASE
On August 29, 2013, defendant entered a Hertz Rent-A-Car in Mountain View and attempted to use a counterfeit access card. As a result, she was charged with second degree burglary (§§ 459, 460, subd. (b)); uttering or attempting to use a counterfeit access card (§ 484f, subd. (a)); and possession of a false identification card (§ 529.5, subd. (c)).
1 All further statutory references are to the Penal Code. On February 28, 2014, pursuant to a negotiated plea, defendant pleaded no contest to the second degree burglary, and the remaining charges were dismissed. The court suspended imposition of sentence and placed defendant on probation with the condition that she serve four months in the county jail. On June 19, 2015, defendant filed a petition for resentencing pursuant to Proposition 47 to have her felony second degree burglary reduced to misdemeanor shoplifting. On August 17, 2015, the trial court denied defendant’s petition stating finding that her crime of second degree burglary did not constitute shoplifting within the meaning of section 459.9. Defendant filed a timely appeal in this court.