Weir

People v. Weir

Good Law
245 Cal. Rptr. 3d 387·33 Cal. App. 5th 868
Court of Appeal of CaliforniaMarch 29, 2019D073626California5,390 words

Opinion

Lead Opinion

Benke, J.

*870 After a jury trial, defendant Zachary Weir was convicted of four counts of felony possession of personal identifying information ( Pen. Code, § 530.5, subds. (c)(1) & (c)(2) ). 1 On appeal, Weir contends that his felony convictions should have been classified as misdemeanors under Proposition *389 47's enactment of section 490.2 defining petty theft.

The issue of which offenses are and are not subject to reclassification under Proposition 47 is currently a matter of debate in our courts, as evidenced by the number of such cases pending review in our high court. (See People v. Sanders (2018) 22 Cal.App.5th 397 , 231 Cal.Rptr.3d 477 , rev. granted July 25, 2018, S248775 ( Sanders ); People v. Jimenez (2018) 22 Cal.App.5th 1282 , 232 Cal.Rptr.3d 386 , rev. granted July 25, 2018, S249397 ( Jimenez ); People v. Brayton (2018) 25 Cal.App.5th 734 , 236 Cal.Rptr.3d 396 , rev. granted Oct. 10, 2018, S251122 ( Brayton ).) This case requires us to interpret section 530.5, subdivision (c) ( section 530.5(c) ) and determine whether a conviction under subsections (1) and (2) of this subdivision should be reduced to a misdemeanor under section 490.2's petty theft provision. As we…

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