People v. Chatman

Defendant was convicted of one count of unauthorized use of personal identifying information, Penal Code section 530.5(a); four counts of fraudulent possession of personal identifying information with a prior conviction, section 530.5(c)(2); one count mail theft, section 530.5(e); and one count of second-degree commercial burglary, section 459. No evidence was introduced indicating that the value of any of the personal information or property in question exceeded $950; in most instances, the evidence showed the value to be less than that amount. The Attorney General acknowledged that the burglary conviction must be reduced to shoplifting under Proposition 47, new section 459.5(a), The court of appeal noted that the California Supreme Court has cases pending regarding the proper classification of section 530.5(a) offenses but concluded that all of the defendant’s convictions must be reduced to misdemeanors. Proposition 47, section 490(a) provides that “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.” There was no evidence that the value of any of the personal identifying information defendant unlawfully obtained or used exceeds $950. View "People v. Chatman" on Justia Law