Jimenez

*1285 The People appeal the trial court's order reducing Miguel Angel Jimenez's felony convictions for identity theft under Penal Code section 530.5, subdivision (a) 1 to misdemeanor shoplifting under section 459.5, subdivision (a). They contend that section 459.5, which was enacted as part of Proposition 47 (§ 1170.18), does not apply to section 530.5 identity theft offenses, even when the amount involved does not exceed $950.

In People v. Gonzales (2017) 2 Cal.5th 858 , 216 Cal.Rptr.3d 285 , 392 P.3d 437 ( Gonzales ), the defendant cashed two stolen checks valued at less than $950 each. ( Id. at p. 862, 216 Cal.Rptr.3d 285 , 392 P.3d 437 .) Our high court determined that the defendant's "act of entering a bank to cash a stolen check for less than $950, traditionally regarded as theft by false pretenses ... , now constitutes shoplifting under [section 459.5]." ( Ibid. ) Section 459.5, subdivision (b) states that any act of shoplifting "shall be charged as shoplifting," and that no one "charged with shoplifting may also be charged with burglary or theft of the same property." ( Gonzales , at p. 876, 216 Cal.Rptr.3d 285 , 392 P.3d 437 ["A defendant must be charged only with…