Soto

People v. Soto

Good Law
23 Cal. App. 5th 813·233 Cal. Rptr. 3d 515
Court of Appeal of CaliforniaMay 24, 2018D072319California4,207 words

Opinion

lead Opinion

Dato, J.

*816 Israel Soto appeals an order denying his petition to reduce to a misdemeanor his felony conviction for theft from an elder. ( Pen. Code, § 368, subd. (d).) 1 He sought relief under section 1170.18, the Safe Neighborhoods and Schools Act, which was enacted by California voters in November 2014 pursuant to Proposition 47. The trial court denied Soto's petition on the basis *517 that his conviction was categorically ineligible for relief. Appointed appellate counsel filed a brief pursuant to Anders v. California (1967) 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 ( Anders ) and People v. Wende (1979) 25 Cal.3d 436 , 158 Cal.Rptr. 839 , 600 P.2d 1071 ( Wende ), and Soto filed a supplemental brief on his own behalf.

We asked for supplemental briefing on whether Soto's conviction under section 368, subdivision (d) was eligible for reclassification under Proposition 47 following People v. Page (2017) 3 Cal.5th 1175 , 225 Cal.Rptr.3d 786 , 406 P.3d 319 ( Page ). Having reviewed the submissions, we conclude Soto is ineligible for relief and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 2006, Soto helped his grandmother change her telephone service provider. While talking to the…

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