Soto
People v. Soto
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…