California, United States of America
The following excerpt is from People v. Nunn, G051749 (Cal. App. 2017):
Contending the trial court erred in denying her petition, appellant asserts she is entitled to have her burglary conviction reduced to misdemeanor shoplifting (Pen. Code, 459.5) and her credit card conviction reduced to misdemeanor theft (Pen. Code, 490.2). Appellant sought similar relief in her prior appeals, which involved nearly identical factual and procedural circumstances. (See People v. Nunn (Mar. 22, 2017, G051742) [nonpub. opn.] (Nunn I) & People v. Nunn (date, G051741) [nonpub. opn.] (Nunn II). For the reasons explained in those decisions, we find appellant is entitled to Proposition 47 relief for her burglary conviction, but not her conviction for unlawful acquisition of credit card information. Neither party has advanced any new arguments or cases to justify a different result.
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