People v. GraysonAnnotate this Case
Defendant was convicted of seven violations of Penal Code section 484e, subdivision (d) – unauthorized acquisition or retention of access card account information of another, and was sentenced to two years in county jail on each count where the terms run concurrently. Section 490.2, adopted as part of Proposition 47, states that notwithstanding any other provision defining grand theft, the theft of money, labor or property valued at $950 or less shall be considered misdemeanor petty theft. The court concluded that section 490.2 does not incorporate the "acquisition" or "retention" language of section 484e(d). Nor does it refer specifically to section 484e(d) or any part of the "'comprehensive statutory scheme which punishes a variety of fraudulent practices involving access cards.'" Therefore, the court concluded that there was no intent to apply section 490.2 to section 484e(d) to reduce the offense to a misdemeanor, and that the trial court properly determined that defendant was ineligible for reduction of his sentence. Accordingly, the court affirmed the judgment.