People v. BraytonPeople v. Brayton
We conclude defendant is eligible for relief under Proposition 47.
Kara Taylor Brayton appeals an order denying her “motion” for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. (
FACTS
On February 5, 2016, Brayton entered a Kohl‘s store in Simi Valley. She took a watch from the jewelry department and removed the security tag. She also “removed a bra from a hang[e]r and balled it up in her arm.”
Brayton then went to the store‘s customer service department to falsely claim that she had previously purchased these items and was seeking a store credit in the amount of $107.07. To obtain this credit, Brayton presented a California driver‘s license which belonged to Ambar Lechuga. Someone had previously stolen Lechuga‘s license.
Brayton was detained and questioned by two of the store‘s “loss prevention employees.” During questioning, Brayton was unable to spell Lechuga‘s name or provide the year Lechuga was born.
One of the store‘s security employees called the police. Brayton “fled from the store.” When contacted by police, Brayton said she “did something wrong and did not have an explanation as to why she tried to shoplift.”
In the felony information, the People alleged Brayton committed “the crime of IDENTITY THEFT-OBTAIN CREDIT WITH OTHER‘S IDENTIFICATION, in violation of
Brayton pled guilty to both counts and admitted she “did what is alleged in [the information].”
The People opposed the motion, claiming “[v]iolations of
The trial court denied the motion. It agreed with the People‘s position that Brayton‘s conviction was not an eligible crime for Proposition 47 resentencing. The court said, “I don‘t think Gonzales applies.”
DISCUSSION
Eligibility for Resentencing Under Proposition 47
Proposition 47 reduces “penalties for certain theft and drug offenses by amending existing statutes.” (People v. Gonzales, supra, 2 Cal.5th at p. 863.) Its goal is to “reduce the number of nonviolent offenders in state prisons, thereby saving money and focusing prison on offenders considered more serious under the terms of the initiative.‘” (Id. at p. 870.) ”
Proposition 47 added a new misdemeanor shoplifting crime. (People v. Gonzales, supra, 2 Cal.5th at p. 863.) If a defendant‘s
Gonzales rejected the People‘s claim that if a defendant‘s act could be considered shoplifting under Proposition 47, the defendant could lose eligibility for resentencing if that act also could be charged under another Penal Code provision. It said under Proposition 47, “[a] defendant must be charged only with shoplifting when the statute applies. . . . It expressly prohibits alternate charging and ensures only misdemeanor treatment for the underlying described conduct.” (People v. Gonzales, supra, 2 Cal.5th at p. 876.)
The court also rejected the claim that for consumer protection, identity theft crimes fall outside the scope of Proposition 47. In People v. Romanowski (2017) 2 Cal.5th 903, 913, it said there is no “indication that voters implicitly sought to restrict Proposition 47‘s scope based on unstated expectations about consumer protection.”
In People v. Garrett (2016) 248 Cal.App.4th 82, 84, the trial court denied a Proposition 47 petition and found the “defendant was not eligible for resentencing because he had entered the
The Court of Appeal reversed the denial of that petition. It held that “entering a commercial establishment with the intent to use a stolen credit card to purchase property valued at no more than $950 constitutes shoplifting,” a misdemeanor (
In People v. Jimenez (2018) 22 Cal.App.5th 1282, review granted July 25, 2018, S249397, a defendant entered a commercial establishment to cash stolen checks valued at less than $950. We held a defendant convicted of identity theft under
Here the facts of Brayton‘s identity theft crime are similar to Gonzales, Garrett and Jimenez. Brayton used a stolen driver‘s license belonging to another person to obtain a $107.07 store credit. She obtained the credit by the false representation that she was the person named in that driver‘s license. In Gonzales, entering a bank to cash a stolen check fell within the purview of the resentencing provision. In Garrett, using another person‘s
The People claim the facts here and those of Gonzales and Garrett are not identical. But that is a distinction without a difference in result. Notwithstanding some factual differences, Gonzales, Garrett and the instant case all fall within Proposition 47‘s broad definition of shoplifting. The trial court erred in ruling that Brayton‘s conviction fell outside the scope of Proposition 47.
The People correctly note that in ruling on Brayton‘s motion, the trial court did not make any “determination as to the amount of the loss.” Consequently, a remand is required.
DISPOSITION
The order denying the Proposition 47 motion is reversed. The matter is remanded to the trial court for further proceedings on that motion.
CERTIFIED FOR PUBLICATION.
GILBERT, P. J.
We concur:
PERREN, J.
TANGEMAN, J.
Superior Court County of Ventura
Todd W. Howeth, Public Defender, William Quest, Senior Deputy Public Defender, for Defendant and Appellant.
Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, Michael J. Wise, Deputy Attorney General, for Plaintiff and Respondent.