P. v. Ochoa CA2/1
Defendant and appellant Gilbert Ochoa appealed from the trial court’s denial of his motion to recall his sentence for reduction to a misdemeanor pursuant to Penal Code sections 1170.18 and 490.2, which were enacted pursuant to Proposition 47 in 2014. We affirmed in an opinion filed on January 18, 2017. We held that section 490.2 did not apply to the offense for which Ochoa was convicted, i.e., acquiring or retaining possession of another person’s access card account information with the intent to use it fraudulently in violation of section 484e, subdivision (d). The California Supreme Court granted review and held the case along with a number of other Court of Appeal decisions that had taken different approaches to this issue.
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