Chatman
People v. Chatman
Opinion
Lead Opinion
Pollak, J.
*674 Defendant Shakelia Renee Chatman appeals her convictions for committing several forms of identity theft in violation of three subdivisions of Penal Code 1 section 530.5, and one count of second degree commercial burglary in violation of section 459. The principal question presented by the appeal is whether, under the provisions of Proposition 47, identity theft must be treated as a misdemeanor if the value of the personal identifying information at issue does not exceed $950, either as shoplifting under section 459.5 or as petty theft under section 490.2. Our Supreme Court now has before it conflicting opinions regarding the violation of section 530.5, subdivision (a). (Compare People v. Sanders (2018) 22 Cal.App.5th 397 , review granted July 25, 2018, S248775, and People v. Liu (2018) 21 Cal.App.5th 143 , review granted June 13, 2018, S248130, with People v. Brayton (2018) 25 Cal.App.5th 734 , review granted October 10, 2018, S251122, and People v. Jimenez (2018) 22 Cal.App.5th 1282 , review granted July 25, 2018, S249397 ( Jimenez ).) In this case, the Attorney General acknowledges that the conviction for burglary must be reduced to shoplifting under new section 459.5,…