People v. KingAnnotate this Case
Defendant was convicted of grand theft in violation of Penal Code section 484e, subdivision (d). On appeal, defendant challenged the denial of his petition for resentencing under Proposition 47. The court concluded that there is no intent on the part of the Legislature or the electorate to permit or require resentencing of individuals convicted under section 484e, subdivision (d). The language of section 484, subdivision (d) is a clear and unambiguous expression of the Legislature’s intent to punish (as a felony) the mere unlawful acquisition or possession of an access card or account information with the intent to use it fraudulently, with no added value or use elements. Accordingly, the trial court did not err in denying defendant's petition and the court affirmed the judgment.