People v. LiuAnnotate this Case
The Supreme Court vacated the judgment of the court of appeal affirming in part and reversing in part the trial court's denial of Defendant's Proposition 47 petition, holding that the court of appeals did not properly apply this Court's decision in People v. Romanowski, 2 Cal.5th 903 (2017).
At issue in this case was how to assess the value of stolen access card information. Defendant was convicted of five counts theft of access card information. Defendant petitioned for Proposition 47 relief seeking resentencing on her convictions on the basis that the value of the property she obtained was not more than $950. The trial court denied relief. The court of appeal reversed as to two convictions and affirmed as to the other three. The court did not engage in the Romanowski inquiry but instead assumed that the value of what Defendant obtained using the stolen information set a floor on the fair market value of the information she unlawfully used. The Supreme Court vacated the judgment and remanded with instructions to send the case back to the trial court for further fact-finding as to the reasonable and fair market value of the access card information at issue, holding that the court of appeal's reasoning fell short of what Romanowski required.