P. v. Nunn CA4/3
This is the third time we have addressed appellant’s entitlement to Proposition 47 relief for crimes arising out her unauthorized use of a credit card. Following our first two opinions, we hold Proposition 47 applies to appellant’s conviction for second degree commercial burglary, but it does not apply to her conviction for unlawful acquisition of credit card information.
On November 1, 2005, appellant used a stolen credit card to acquire a hotel room in Anaheim. Based on that incident, she was charged with, and ultimately pleaded guilty to, one count each of second degree commercial burglary, unlawful acquisition of credit card information and fraudulent use of a credit card. (Pen. Code, §§ 459, 460, subd. (b), 484e, subd. (d) & 484g.) In 2014, following the passage of Proposition 47, she petitioned to have her convictions for burglary and unlawful acquisition of credit information reduced to misdemeanors. However, the trial court denied her petition.
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