P. v. Fernando CA2/7
The trial court denied Lloyd Ramos Fernando’s petition to recall his sentence on the ground Fernando’s two prior felony convictions for theft of an access card were categorically ineligible for reclassification as misdemeanors and resentencing under Proposition 47. While Fernando’s appeal from that order was pending, the Supreme Court decided People v. Romanowski (2017) 2 Cal.5th 903 (Romanowski), holding the offense of theft of access card account information is eligible for Proposition 47 relief if the petitioner can establish the value of the access card information did not exceed $950. The Court also held value for this purpose is determined by the reasonable and fair market value of the information when sold in an illicit market.
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