People v. Thompson

196 Cal. Rptr. 3d 643, 243 Cal. App. 4th 413, 2015 Cal. App. LEXIS 1160
CourtCalifornia Court of Appeal, 2nd District
DecidedDecember 24, 2015
DocketB261625
StatusPublished
Cited by12 cases

This text of 196 Cal. Rptr. 3d 643 (People v. Thompson) is published on Counsel Stack Legal Research, covering California Court of Appeal, 2nd District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Thompson, 196 Cal. Rptr. 3d 643, 243 Cal. App. 4th 413, 2015 Cal. App. LEXIS 1160 (Cal. Ct. App. 2015).

Opinion

EPSTEIN, P.J.

*416Terrell Thompson appeals the denial of his resentencing petition pursuant to Penal Code section 1170.18.1 He contends that he is entitled to resentencing because his grand theft conviction for violating section 484e, subdivision (d) has now been reclassified as a misdemeanor under section 490.2, subdivision (a) (added by Proposition 47). We agree and reverse.

FACTUAL AND PROCEDURAL SUMMARY

On August 6, 2011, after using her debit card to pay for gas at a Chevron station, Miriam Golf dropped it on the ground.2 Thompson was observed picking up the card. Thereafter, Thompson used the card at gas stations on three separate occasions for a total of $210.28. He was charged with two counts of grand theft, under section 484e, subdivision (d)3 and two counts of second degree commercial burglary, under section 459.4 On September 1, 2011, Thompson entered a nolo contendere plea to one count of grand theft pursuant to section 484e, subdivision (d) and was sentenced to six years in state prison.

On December 11, 2014, Thompson petitioned to recall his sentence and for resentencing pursuant to section 1170.18. In opposition, the People argued *417that Thompson's underlying felony rendered him ineligible for relief. The court denied the petition, concluding that Thompson's conviction for 484e, subdivision (d) does not qualify for resentencing under section 1170.18. This timely appeal followed.

DISCUSSION

I

In November 2014, California voters enacted Proposition 47, which reclassified certain drug and theft-related offenses as misdemeanors. To effectuate these changes, Proposition 47 added several sections to the Penal Code, including section 490.2. Section 490.2, subdivision (a), provides that "[n]otwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor," unless one of the prior disqualifying convictions enumerated in the code applies.

Proposition 47 also "created a new resentencing provision: section 1170.18. Under section 1170.18, a person 'currently *645serving' a felony sentence for an offense that is now a misdemeanor under Proposition 47, may petition for a recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47. [Citation.] A person who satisfies the criteria in section 1170.18 shall have his or her sentence recalled and be 'resentenced to a misdemeanor ... unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.' (§ 1170.18, subd. (b).)" (People v. Rivera (2015) 233 Cal.App.4th 1085, 1092, 183 Cal.Rptr.3d 362 ; People v. Lynall (2015) 233 Cal.App.4th 1102, 1108-1109, 183 Cal.Rptr.3d 129.)

The issue before us is twofold. First, does section 490.2, subdivision (a) apply to a violation of section 484e, subdivision (d)? Second, if it applies, does the value of the access card account information exceed $950? We begin by recognizing that Proposition 47 case law is developing and there is a split of authority on these issues.

In interpreting a voter initiative, we apply the same principles governing statutory interpretation. (Robert L. v. Superior Court (2003) 30 Cal.4th 894, 901, 135 Cal.Rptr.2d 30, 69 P.3d 951.) "Our first task is to examine the *418language of the statute enacted as an initiative, giving the words their usual, ordinary meaning. [Citation.]" (People v. Canty (2004) 32 Cal.4th 1266, 1276, 14 Cal.Rptr.3d 1, 90 P.3d 1168.) " 'The statutory language must also be construed in the context of the statute as a whole and the overall statutory scheme [in light of the electorate's intent]. [Citation.]' " (Robert L., supra, at p. 911, 135 Cal.Rptr.2d 30, 69 P.3d 951.) If the initiative measure's language is ambiguous, "we refer to other indicia of the voters' intent, particularly the analyses and arguments contained in the official ballot pamphlet. [Citations.]" (People v. Birkett (1999) 21 Cal.4th 226, 243, 87 Cal.Rptr.2d 205, 980 P.2d 912.)

The plain language of section 490.2, subdivision (a) unequivocally expresses an intention that Proposition 47 apply to all Penal Code sections defining "grand theft." In its introductory clause, section 490.2, subdivision (a) provides "[n]otwithstanding Section 487 or any other provision of law defining grand theft, " obtaining any property by theft where the value does not exceed $950 shall be punished as a misdemeanor. (Italics added.) In enacting section 484e, the Legislature defined the acquisition and retention of access card account information under subdivision (d) of that statute as "grand theft." (See People v. Molina (2004) 120 Cal.App.4th 507, 519,

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Cite This Page — Counsel Stack

Bluebook (online)
196 Cal. Rptr. 3d 643, 243 Cal. App. 4th 413, 2015 Cal. App. LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-thompson-calctapp2d-2015.