California, United States of America
The following excerpt is from People v. Lavis, B268553 (Cal. App. 2016):
Defendant contends his crime should be reduced to a misdemeanor because all theft crimes are covered by section 1170.18. Not all theft crimes come within the ambit of the statute. Section 1170.18 provides a means for an offender to petition for resentencing "in accordance with" certain enumerated statutes that were added or amended by Proposition 47. Section 484e is not included among the enumerated statutes added or amended by Proposition 47. Moreover, section 484e is not purely a theft crime; it covers both acquisition or retention of access card information. (People v. Molina, supra, 120 Cal.App.4th at p. 516 ["crime is possession of access card account information with a fraudulent intent" and "does not require that the information actually be used or that the account of an innocent consumer actually be charged or billed"].) Even if all theft crimes were within the scope of section 1170.18, defendant's offense would still not be included.
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