P. v. Chi CA2/6
The People appeal the trial court’s order dismissing the charges against Miguel Angel Chi for felony identity theft under Penal Code section 530.5, subdivision (a). The court determined that Chi’s use of stolen credit cards to purchase store merchandise worth less than $950 could be charged only as misdemeanor shoplifting under section 459.5, subdivision (a). The People argue that section 459.5, which was enacted as part of Proposition 47 (§ 1170.18), does not apply to section 530.5 identity theft offenses, and that the cases relied upon by the trial court do not permit dismissal of a charged violation of section 530.5, subdivision (a). We recently rejected this argument in People v. Jimenez (May 8, 2018, B283858) _ Cal.App.5th _ [2018 Cal.App. LEXIS 410] (Jimenez). For the reasons set forth in that opinion, we conclude the court correctly dismissed the identity theft charges (counts 1-3) pursuant to Proposition 47. Accordingly, we affirm.
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