P. v. Vargas CA2/7
In May of 2013, appellant Amanda Vargas was convicted of four counts of possessing access card information with the intent to defraud, which was then classified as a felony. (See Pen. Code, § 484e, subd. (d).) After the passage of Proposition 47, Vargas filed a petition pursuant to Penal Code section 1170.18 requesting that the court reclassify each of her offenses as misdemeanors, and resentence her accordingly. The trial court denied the petition, concluding that the offense described in section 484e, subdivision (d) was not eligible for reclassification under Proposition 47. During the pendency of Vargas’s appeal, the California Supreme Court decided People v. Romanowski (2017) 2 Cal.5th 903 (Romanowski), which held that possessing access card information is subject to reclassification under Proposition 47. We therefore reverse the trial court’s order, and remand for further proceedings.
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