People v. RomanowskiAnnotate this Case
Defendant pled no contest to theft in violation of Penal Code section 484(e), subdivision (d) and admitted a prior prison term under section 667.5, subdivision (b). At issue on appeal was whether Proposition 47 reduced the offense of theft of access card information under Penal Code section 484e, subdivision (d)1 to a misdemeanor, provided the theft involved property valued at less than $950. The court found nothing in the statutes enacted or amended by Proposition 47 or the voters’ intent behind the initiative to suggest theft of access card information should be treated any differently than other theft offenses subject to reduction under Proposition 47. Therefore, the court disagreed with People v. Cuen and People v. Grayson, two cases from different districts which answered the issue in the negative. The court reversed and remanded for the trial court to determine whether defendant’s theft involved property valued at less than $950 in order to trigger the resentencing provisions of Proposition 47.