Prop 47 - Revision history

Sysop at 00:15, 3 January 2024

2024-01-03T00:15:55Z

← Older revision		Revision as of 00:15, 3 January 2024
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	\|VC10851\|\|Joyriding\|\|Yes\|\|''People v. Bullard'' (2020) Cal.5th 94<BR>''People v. Page'' (2017) 3 Cal.5th 1175<BR><del>''People v. Gomez'' (2015) 243 Cal.App.4th 319, review granted June 1, 2016, S233849</del><BR><del>''People v. Ortiz'' (2016) 243 Cal.App.4th 854, review granted Mar. 16, 2016, S232344</del>		\|VC10851\|\|Joyriding\|\|Yes\|\|''People v. Bullard'' (2020) Cal.5th 94<BR>''People v. Page'' (2017) 3 Cal.5th 1175<BR><del>''People v. Gomez'' (2015) 243 Cal.App.4th 319, review granted June 1, 2016, S233849</del><BR><del>''People v. Ortiz'' (2016) 243 Cal.App.4th 854, review granted Mar. 16, 2016, S232344</del>
	\|-		\|-
	\|VC10851\|\|Joyriding\|\|No\|\|''People v. Johnston'' (May 6, 2016, C080099) ___ Cal.App.4th ___, review granted July 13, 2016,		\|VC10851\|\|Joyriding\|\|No\|\|<del>''People v. Johnston'' (May 6, 2016, C080099) ___ Cal.App.4th ___, review granted July 13, 2016,
	S235041<ref name="8.1115">Subject to Rules of Court rule 8.1115(e). While pending before Supreme Court, this opinion is only persuasive, not binding.</ref><BR><del>''People v. Solis'' (2016) 245 Cal.App.4th 1099, review granted June 8, 2016</del><BR><del>''People v. Orozco'' (2016) 244 Cal.App.4th 65, rehg. granted, sub. opn not pub. May 25, 2016</del><BR><del>''People v. Haywood'' (2015) 243 Cal.App.4th 515, review granted Mar. 9, 2016, S232250</del><BR><del>''People v. Page'' (2015) 241 Cal.App.4th 714, review granted Jan. 27, 2016, S230793</del>		S235041<ref name="8.1115">Subject to Rules of Court rule 8.1115(e). While pending before Supreme Court, this opinion is only persuasive, not binding.</ref></del><BR><del>''People v. Solis'' (2016) 245 Cal.App.4th 1099, review granted June 8, 2016</del><BR><del>''People v. Orozco'' (2016) 244 Cal.App.4th 65, rehg. granted, sub. opn not pub. May 25, 2016</del><BR><del>''People v. Haywood'' (2015) 243 Cal.App.4th 515, review granted Mar. 9, 2016, S232250</del><BR><del>''People v. Page'' (2015) 241 Cal.App.4th 714, review granted Jan. 27, 2016, S230793</del>
	\|}		\|}

Sysop: /* Theft of less than $950 (PC490.2) */

2024-01-03T00:14:27Z

Theft of less than $950 (PC490.2)

← Older revision		Revision as of 00:14, 3 January 2024
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	\|PC459\|\|Auto burglary\|\|No\|\|People v. Acosta (2015) 242 Cal.App.4th 521\|\|Burglary isn't theft		\|PC459\|\|Auto burglary\|\|No\|\|People v. Acosta (2015) 242 Cal.App.4th 521\|\|Burglary isn't theft
	\|-		\|-
	\|VC10851\|\|Joyriding\|\|Yes\|\|<del>''People v. Gomez'' (2015) 243 Cal.App.4th 319, review granted June 1, 2016, S233849</del><BR><del>''People v. Ortiz'' (2016) 243 Cal.App.4th 854, review granted Mar. 16, 2016, S232344</del>		\|VC10851\|\|Joyriding\|\|Yes\|\|''People v. Bullard'' (2020) Cal.5th 94<BR>''People v. Page'' (2017) 3 Cal.5th 1175<BR><del>''People v. Gomez'' (2015) 243 Cal.App.4th 319, review granted June 1, 2016, S233849</del><BR><del>''People v. Ortiz'' (2016) 243 Cal.App.4th 854, review granted Mar. 16, 2016, S232344</del>
	\|-		\|-
	\|VC10851\|\|Joyriding\|\|No\|\|''People v. Johnston'' (May 6, 2016, C080099) ___ Cal.App.4th ___, review granted July 13, 2016,		\|VC10851\|\|Joyriding\|\|No\|\|''People v. Johnston'' (May 6, 2016, C080099) ___ Cal.App.4th ___, review granted July 13, 2016,

Sysop: /* Theft of less than $950 (PC490.2) */

2023-12-26T18:19:52Z

Theft of less than $950 (PC490.2)

← Older revision		Revision as of 18:19, 26 December 2023
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	\|PC484e\|\|Theft of access card\|\|No\|\|<del>''People v. King'' (2015) 242 Cal.App.4th 1312, review granted Feb. 24, 2016, S231888</del><BR><del>''People v. Cuen'' (2015) 241 Cal.App.4th 1227, review granted Jan. 20, 2016, S231107</del><BR><del>''People v. Grayson'' (2015) 241 Cal.App.4th 454, review granted Jan. 20, 2016, S231757</del>		\|PC484e\|\|Theft of access card\|\|No\|\|<del>''People v. King'' (2015) 242 Cal.App.4th 1312, review granted Feb. 24, 2016, S231888</del><BR><del>''People v. Cuen'' (2015) 241 Cal.App.4th 1227, review granted Jan. 20, 2016, S231107</del><BR><del>''People v. Grayson'' (2015) 241 Cal.App.4th 454, review granted Jan. 20, 2016, S231757</del>
	\|-		\|-
	\|PC496d\|\|Receiving a stolen car\|\|No\|\|<del>''People v. Nichols'' (Feb. 3, 2016, H041979) review granted Apr. 20 2016, S233055</del><BR><del>''People v. Orozco'' (2016) 244 Cal.App.4th 65, rehg. granted, sub. opn not pub. May 25, 2016</del><BR><del>''People v. Peacock'' (2015) 242 Cal.App.4th 708, review granted Feb. 17, 2016, S230948</del><BR><del>''People v. Garness'' (2015) 241 Cal.App.4th 1370, review granted Jan. 27, 2016, S231031</del>		\|PC496d\|\|Receiving a stolen car\|\|No\|\|''People v. Orozco'' (2018) 24 Cal.App.5th 667<BR><del>''People v. Nichols'' (Feb. 3, 2016, H041979) review granted Apr. 20 2016, S233055</del><BR><del>''People v. Orozco'' (2016) 244 Cal.App.4th 65, rehg. granted, sub. opn not pub. May 25, 2016</del><BR><del>''People v. Peacock'' (2015) 242 Cal.App.4th 708, review granted Feb. 17, 2016, S230948</del><BR><del>''People v. Garness'' (2015) 241 Cal.App.4th 1370, review granted Jan. 27, 2016, S231031</del>
	\|-		\|-
	\|PC664/459\|\|Attempted auto burglary\|\|No\|\|People v. Acosta (2015) 242 Cal.App.4th 521\|\|Burglary isn't theft		\|PC664/459\|\|Attempted auto burglary\|\|No\|\|People v. Acosta (2015) 242 Cal.App.4th 521\|\|Burglary isn't theft

Sysop: /* Excluding prior convictions */

2016-11-14T19:06:02Z

Excluding prior convictions

← Older revision		Revision as of 19:06, 14 November 2016
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	==Excluding prior convictions==		==Excluding prior convictions==
	Many offenses that are misdemeanors under Prop 47 will remain felonies or wobblers if the defendant has one of the following offenses. An excluding prior conviction is one that is prior to the Prop 47 petition or application; it need not be prior to the conviction for which reduction is sought. (''People v. Montgomery'' (2016) 247 Cal.App.4th 1179, rev. den. Sept. 22, 2016, S235775; ''People v. Zamarripa'' (~~June 1,~~ 2016~~, B266850~~) 247 Cal.App.4th 1179, rev. den. Sept. 21, 2016, S235810.)		Many offenses that are misdemeanors under Prop 47 will remain felonies or wobblers if the defendant has one of the following offenses. An excluding prior conviction is one that is prior to the Prop 47 petition or application; it need not be prior to the conviction for which reduction is sought. (''People v. Montgomery'' (2016) 247 Cal.App.4th 1179, rev. den. Sept. 22, 2016, S235775; ''People v. Zamarripa'' (2016) 247 Cal.App.4th 1179, rev. den. Sept. 21, 2016, S235810.)

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Sysop: /* Excluding prior convictions */

2016-11-14T19:05:25Z

Excluding prior convictions

← Older revision		Revision as of 19:05, 14 November 2016
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	==Excluding prior convictions==		==Excluding prior convictions==
	Many offenses that are misdemeanors under Prop 47 will remain felonies or wobblers if the defendant has one of the following offenses. An ~~excludable~~ prior conviction is one that is prior to the Prop 47 petition or application; it need not be prior to the conviction for which reduction is sought. (''People v. Montgomery'' (~~June 8,~~ 2016~~, G051812~~) ~~___~~ Cal.App.4th ~~___~~, ~~petn~~. ~~for review pending, petn~~. ~~filed July 8~~, 2016, S235775; ''People v. Zamarripa'' (June 1, 2016, B266850) ~~___~~ Cal.App.4th ~~___~~, ~~rehg~~. den. ~~June 22~~, 2016.)		Many offenses that are misdemeanors under Prop 47 will remain felonies or wobblers if the defendant has one of the following offenses. An excluding prior conviction is one that is prior to the Prop 47 petition or application; it need not be prior to the conviction for which reduction is sought. (''People v. Montgomery'' (2016) 247 Cal.App.4th 1179, rev. den. Sept. 22, 2016, S235775; ''People v. Zamarripa'' (June 1, 2016, B266850) 247 Cal.App.4th 1179, rev. den. Sept. 21, 2016, S235810.)

	{\| class="wikitable"		{\| class="wikitable"

Sysop: /* Excludable prior convictions */

2016-11-14T18:47:41Z

Excludable prior convictions

← Older revision		Revision as of 18:47, 14 November 2016
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	<del>Even if the underlying felony on a felony failure to appear (FTA) has been reduced under Prop 47 to a misdemeanor, the FTA itself is still considered a felony. (''People v. Eandi'' (2015) 239 Cal.App.4th 801, review granted, Nov. 18, 2015, S229305.)</del>		<del>Even if the underlying felony on a felony failure to appear (FTA) has been reduced under Prop 47 to a misdemeanor, the FTA itself is still considered a felony. (''People v. Eandi'' (2015) 239 Cal.App.4th 801, review granted, Nov. 18, 2015, S229305.)</del>

	==~~Excludable~~ prior convictions==		==Excluding prior convictions==
	Many offenses that are misdemeanors under Prop 47 will remain felonies or wobblers if the defendant has one of the following offenses. An excludable prior conviction is one that is prior to the Prop 47 petition or application; it need not be prior to the conviction for which reduction is sought. (''People v. Montgomery'' (June 8, 2016, G051812) ___ Cal.App.4th ___, petn. for review pending, petn. filed July 8, 2016, S235775; ''People v. Zamarripa'' (June 1, 2016, B266850) ___ Cal.App.4th ___, rehg. den. June 22, 2016.)		Many offenses that are misdemeanors under Prop 47 will remain felonies or wobblers if the defendant has one of the following offenses. An excludable prior conviction is one that is prior to the Prop 47 petition or application; it need not be prior to the conviction for which reduction is sought. (''People v. Montgomery'' (June 8, 2016, G051812) ___ Cal.App.4th ___, petn. for review pending, petn. filed July 8, 2016, S235775; ''People v. Zamarripa'' (June 1, 2016, B266850) ___ Cal.App.4th ___, rehg. den. June 22, 2016.)

Sysop: /* Burglary (PC459) and Shoplifting (PC459.5) */

2016-08-20T01:25:49Z

Burglary (PC459) and Shoplifting (PC459.5)

← Older revision		Revision as of 01:25, 20 August 2016
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	A commercial establishment is "a place of business established for the purpose of exchanging goods or services." A check cashing business is a commercial establishment. "Commercial establishment" is not limited to a place that that buys or sells goods or merchandise. (''People v. Smith'' (July 8, 2016, E062858) ___ Cal.App.4th ___, available at [http://www.courts.ca.gov/opinions/documents/E062858A.PDF].)		A commercial establishment is "a place of business established for the purpose of exchanging goods or services." A check cashing business is a commercial establishment. "Commercial establishment" is not limited to a place that that buys or sells goods or merchandise. (''People v. Smith'' (July 8, 2016, E062858) ___ Cal.App.4th ___, available at [http://www.courts.ca.gov/opinions/documents/E062858A.PDF].)

	Forcing entry into a public storage unit when the storage facility is open to the public and taking property of another is not a shoplift. A specific locked storage unit is not a commercial establishment. (''People v. Stylz'' (Aug. 15, 2016, No. B2630372) ___ Cal.App.4th ___, [available at http://www.courts.ca.gov/opinions/documents/B263072.PDF].)		Forcing entry into a public storage unit when the storage facility is open to the public and taking property of another is not a shoplift. A specific locked storage unit is not a commercial establishment. (''People v. Stylz'' (Aug. 15, 2016, No. B2630372) ___ Cal.App.4th ___, available at [http://www.courts.ca.gov/opinions/documents/B263072.PDF].)

	====Forgery (PC473)====		====Forgery (PC473)====

Sysop: /* Burglary (PC459) and Shoplifting (PC459.5) */

2016-08-20T01:25:23Z

Burglary (PC459) and Shoplifting (PC459.5)

← Older revision		Revision as of 01:25, 20 August 2016
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	A commercial establishment is "a place of business established for the purpose of exchanging goods or services." A check cashing business is a commercial establishment. "Commercial establishment" is not limited to a place that that buys or sells goods or merchandise. (''People v. Smith'' (July 8, 2016, E062858) ___ Cal.App.4th ___, available at [http://www.courts.ca.gov/opinions/documents/E062858A.PDF].)		A commercial establishment is "a place of business established for the purpose of exchanging goods or services." A check cashing business is a commercial establishment. "Commercial establishment" is not limited to a place that that buys or sells goods or merchandise. (''People v. Smith'' (July 8, 2016, E062858) ___ Cal.App.4th ___, available at [http://www.courts.ca.gov/opinions/documents/E062858A.PDF].)

			Forcing entry into a public storage unit when the storage facility is open to the public and taking property of another is not a shoplift. A specific locked storage unit is not a commercial establishment. (''People v. Stylz'' (Aug. 15, 2016, No. B2630372) ___ Cal.App.4th ___, [available at http://www.courts.ca.gov/opinions/documents/B263072.PDF].)

	====Forgery (PC473)====		====Forgery (PC473)====

Sysop: /* Fresno County */

2016-08-04T04:50:31Z

Fresno County

← Older revision		Revision as of 04:50, 4 August 2016
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	===Fresno County===		===Fresno County===
	*[http://www.fresno.courts.ca.gov/criminal/PCR-81%20Petition%20for%20Resentencing%20-%20Proposition%2047.pdf Prop 47 petition]		*[http://www.fresno.courts.ca.gov/criminal/PCR-81%20Petition%20for%20Resentencing%20-%20Proposition%2047.pdf Prop 47 petition under PC1170.18(a)]
	*[http://www.fresno.courts.ca.gov/criminal/PCR-80%20Application%20for%20Reduction%20of%20Felony%20Conviction%20-%20Proposition%2047.pdf Prop 47 application]		*[http://www.fresno.courts.ca.gov/criminal/PCR-80%20Application%20for%20Reduction%20of%20Felony%20Conviction%20-%20Proposition%2047.pdf Prop 47 application under PC1170.18(f)]
	*[http://www.fresno.courts.ca.gov/criminal/PCR-10%20Declaration%20Proof%20of%20Service.pdf Proof of Service form]		*[http://www.fresno.courts.ca.gov/criminal/PCR-10%20Declaration%20Proof%20of%20Service.pdf Proof of Service form]
	*[http://www.fresno.courts.ca.gov/criminal/PCR-82%20Instructions%20for%20Completing%20Petition%20for%20Recall%20and%20Resentencing.pdf Prop 47 instructions]		*[http://www.fresno.courts.ca.gov/criminal/PCR-82%20Instructions%20for%20Completing%20Petition%20for%20Recall%20and%20Resentencing.pdf Prop 47 instructions]

Sysop: /* Contra Costa County */

2016-08-04T04:49:55Z

Contra Costa County

← Older revision		Revision as of 04:49, 4 August 2016
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	===Contra Costa County===		===Contra Costa County===
			*[http://www.cc-courts.org/criminal/docs/CR-48%20Petition%20to%20Resentence_FILLABLE.pdf Prop 47 petition under PC1170.18(a)]
			*[http://www.cc-courts.org/criminal/docs/CR-47%20Petition%20to%20Amend%20the%20Complaint_FILLABLE.pdf Prop 47 application under PC1170.18(f)]
	*[http://www.co.contra-costa.ca.us/Faq.aspx?TID=97 Prop 47 FAQ]		*[http://www.co.contra-costa.ca.us/Faq.aspx?TID=97 Prop 47 FAQ]