Tag Archives: Proposition 47


“So-Called” Identity Theft Is Not Covered by Prop. 47
September 7th, 2020

People v. Jimenez (2020) 9 Cal.5th 53 held that misuse of identifying information in violation of PC 530.5(a) cannot be reclassified as shoplifting because section 530.5(a) is not a theft offense. (Jimenez, supra, 9 Cal.5th at pp. 58-59; see also People v. Harrell (Aug. 10, 2020, A156017) ___ Cal.App.1st ___ .) Jimenez discusses several reasons […]


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Proposition 47 Applies to Joy Riding Because Temporary Taking Is LIO of Permanent Taking
August 7th, 2020

Proposition 47 provides that theft of $950 or less is just a misdemeanor. People v. Page (2017) 3 C5th 1175 held that a violation of VC 10851 (aka joyriding) for stealing a car worth $950 or less is covered by Proposition 47. However, VC 10851 describes both taking the car and driving the car and […]


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CSC Clarifies Exception to Proposition 47 in Cases Involving Forgery and Identity Theft
July 1st, 2020

Proposition 47 reduced the punishment for certain nonserious, nonviolent crimes previously classified as “wobblers,” which were punishable either as a felony or as a misdemeanor. Among the offenses it amended was forgery not exceeding $950 dollars. (PC 473(b).) However, Proposition 47 is not “applicable to any person who is convicted both of forgery and of […]


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Grand Theft Statute (PC 487) Requires Application of Proposition 47
March 19th, 2020

In People v. Wehr (2019) 41 Cal.App.5th 123, 126-27 the defendant argued that his offense for receiving a stolen vehicle was eligible for misdemeanor treatment under PC 496 if the value of the stolen vehicle did not exceed $950. People v. Page (2017) 3 Cal.5th 1175 held that the general petty theft statute controls if […]


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