Sanders

People v. Sanders

Good Law
22 Cal. App. 5th 397·231 Cal. Rptr. 3d 477
Court of Appeal of CaliforniaApril 17, 2018D072875California1,944 words

Opinion

lead Opinion

Huffman, J.

*399 In 2014, Misha Yvanne Sanders pleaded guilty to two counts of commercial burglary ( Pen. Code, 1 § 459 ) and two counts of identity theft (§ 530.5, subd. (a) ). The court sentenced Sanders to a determinate term of three years eight months.

In 2017, Sanders filed a petition under Proposition 47 (Safe Neighborhoods and Schools Act, § 1170.18) to reclassify all of her convictions as misdemeanors and to dismiss the identity theft counts. The trial court granted the petition as to the burglary counts, reasoning they qualified as *478 "shoplifting" under section 459.5. The court denied the petition with regard to the violations of section 530.5. *400 Sanders appeals contending the offenses under section 530.5 must be deemed petty thefts since the amounts of money or merchandise taken in the burglaries (shoplifting) was less than $950. She asserts that in light of the court's opinions in People v. Page (2017) 3 Cal.5th 1175 , 225 Cal.Rptr.3d 786 , 406 P.3d 319 ( Page ) and People v. Romanowski (2017) 2 Cal.5th 903 , 215 Cal.Rptr.3d 758 , 391 P.3d 633 ( Romanowski ), we should find the violations of section 530.5 to be theft offenses and thus subject to the determination they amount…

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