People v. Liu
Annotate this CaseDefendant was convicted of 22 theft-related counts connected to her scam of offering loan services to immigrants. After the resolution of her appeal where one count of conviction was reversed, she applied under Proposition 47 to have six counts resentenced as misdemeanors. The Court of Appeal held that defendant's convictions under Penal Code section 530.5 subdivision (c) (count 25), for obtaining the identifying information of 10 or more people, did not qualify for resentencing under Proposition 47 as a matter of law. The court explained that section 530.5 addressed harms much broader than theft and subdivision (c) has no requirement that the information be acquired or retained without the consent of its owner, a hallmark requirement of a theft crime. As to defendant's convictions for counts 21 and 23, the court held that the record did not establish whether the value of the access card information exceeded $950. Therefore, the court reversed and remanded for further proceedings.
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