People v. Brayton
Annotate this CaseThe Court of Appeal reversed an order denying defendant's motion for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. The court held that defendant's conduct in committing an identity theft offense met the elements of shoplifting under Proposition 47 and her conviction should be reduced to a misdemeanor. In this case, defendant entered a department store and removed the price tags from two items for sale worth slightly over $100. Defendant then told store personnel she previously purchased the items and was returning them for a refund, using a stolen credit card to falsely identify herself.
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