Brayton

*736 Defendant enters a department store and removes the price tags from two items for sale worth slightly over $100. She then tells store personnel she previously purchased the items and is returning them for a refund. She uses another person's driver's license to falsely identify herself. Defendant eventually pleads guilty to identity theft, a felony.

We conclude defendant is eligible for relief under Proposition 47.

Kara Taylor Brayton appeals an order denying her "motion" for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. ( Pen. Code, § 1170.18.) 1 She previously pled guilty to identity theft (§ 530.5, subd. (a) ), a felony. In her motion for Proposition 47 relief, Brayton claims her "conduct" in committing that identity theft offense met "the elements of shoplifting" under Proposition 47 and her conviction should be reduced to a misdemeanor. We agree, reverse and remand.

*737 FACTS

On February 5, 2016, Brayton entered a Kohl's store in Simi Valley. She took a watch from the jewelry department and removed the security tag. She also "removed a bra from a hang[e]r and balled it up in her arm."

Brayton then went to the store's customer service…