California v. CuenAnnotate this Case
In July 2014, Justin Cuen was charged with six felonies: two counts of possession of a controlled substance (counts 1, 2), one count receiving stolen property (count 3), possession of blank checks (count 4), two counts of theft of access card information (counts 5, 7), and forgery (count 6). It was also alleged he had served a prior prison term. A few months later, Cuen pled guilty to counts 1, 3, 5, and 7 and admitted the prior prison term in exchange for dismissal of the remaining counts and a three-year split sentence. Cuen appealed an order denying his petition to recall and resentence as misdemeanors his two felony convictions for theft of access card information. The trial court ruled a conviction under section Penal Code 484e(d) was not subject to recall and resentencing, because it is not one of the offenses listed in section 1170.18, subdivision (a). Finding no reversible error, the Court of Appeal affirmed.