People v. GuerreroAnnotate this Case
The Supreme Court reversed the judgment of the court of appeal with instructions to remand to the trial court to reduce Defendant's forgery conviction to a misdemeanor, holding that the mere fact that a defendant possessed separate stolen identification and forged instruments together at the same time did not provide a sufficient connection between the two offenses to bar him from a sentence reduction pursuant to Cal. Penal Code 473(b).
Among the offenses that Proposition 47 amended was forgery not exceeding $950 dollars. Proposition 47 included an exception providing that the sentencing reduction for forgery was not applicable to a defendant convicted both of forgery and identity theft. In People v. Gonzalez, 6 Cal.5th 44 (2018), the Supreme Court held that the exception applies only when there is a meaningful connection between a defendant's forgery conviction and his identity theft conviction. In this case, the Supreme Court held (1) a meaningful connection between forgery and identity theft for purposes of the exception requires a facilitative relationship between the two offenses; and (2) where Defendant merely possessed two separate items of contraband at the same time, a "meaningful relationship" was not established, and Defendant was entitled to a sentence reduction.