P. v. Franklin CA5
Appellant Shirley Ann Franklin appeals from the denial of her petition for
resentencing under Penal Code section 1170.18,1 seeking modification of the sentence
imposed on two of her convictions for use of an access card unlawfully obtained (§ 484g,
subd. (a)). Appellant contends her convictions are eligible for resentencing under
Proposition 47 because an unsuccessful attempt to obtain property through the use of an
access card qualifies as petty theft. For the reasons set forth below, we reverse and
remand for further proceedings.
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