P. v. Penman CA4/1
Leila Nicole Penman entered a department store and used a stolen debit or credit card to purchase a $50 gift card. She subsequently pleaded guilty to felony burglary under Penal Code section 459.
After the passage of Proposition 47, known as the Safe Neighborhoods and Schools Act (Voter Information Guide, Gen. Elec. (Nov. 4, 2014) text of Prop. 47, pp. 70–74), Penman petitioned under new section 1170.18 to recall her sentence and to be resentenced for misdemeanor shoplifting under new section 459.5, subdivision (a). The trial court entered an order denying the petition, finding she had not established her burglary conviction qualified for reduction to shoplifting. We affirmed the order. (People v. Stewart (Mar. 14, 2016, D067967) [nonpub. opn.].)
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