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People v. Violet Felecity Bloomfield

California Court of Appeals, First District, First Division

July 20, 2017

THE PEOPLE, Plaintiff and Respondent,
v.
VIOLET FELECITY BLOOMFIELD, Defendant and Appellant.

         Superior Court Marin County No. SC187770 Hon. Terrence R. Boren Judge.

          Lauren E. Dodge, under appointment by the Court of Appeal, for Defendant and Appellant.

          Xavier Becerra, Attorney General, Gerald A. Engler and Jeffrey M. Laurence, Assistant Attorneys General, Seth K. Schalit and Victoria Ratnikova, Deputy Attorneys General for Plaintiff and Respondent.

          Margulies, Acting P.J.

         Defendant Violet Felecity Bloomfield appeals from an order denying her petition for relief under Proposition 47. Defendant contends the trial court erred in refusing to reduce her convictions for two counts of access card forgery from felonies to misdemeanors. We affirm.

         I. BACKGROUND

         A complaint filed on February 7, 2014, charged defendant with nine offenses, including, among others, felony counts of access card forgery (Pen. Code, [1] § 484f, subd. (a); counts 1, 5, 9) and one misdemeanor count of petty theft (§ 484, subd. (a); count 2).

         The following facts regarding the access card forgery offenses at issue in this appeal (counts 1 & 5) are taken from the probation report. In January 2014, a taxi driver reported to police he had picked defendant up and driven her to several locations in Marin County. Defendant attempted to pay the $73.53 cab fare with a prepaid debit card, but the charge did not go through. When police searched defendant, they located a Green Dot prepaid Visa card with defendant's name and another individual's name embossed on it.

         A week later, defendant attempted to purchase dinner at a fast food restaurant. A store employee contacted police because he remembered defendant from an earlier incident when she attempted to purchase food using a stolen credit card. When the police searched defendant's car, they located several credit cards with numbers removed or altered. Several cards had defendant's name on them.

         Defendant pled guilty to two felony counts of access card forgery (counts 1 & 5), the misdemeanor petty theft, and a second degree burglary charge in exchange for dismissal of the remaining counts and other cases. In December 2015, defendant filed a resentencing petition, seeking to reduce her two felony convictions for access card forgery to misdemeanors pursuant to section 1170.18, subdivision (a).[2] The trial court denied the petition as to the access card forgery charges, but granted it as to the petty theft conviction. Defendant timely appealed.

         II. DISCUSSION

         Defendant contends the trial court erred in denying her petition to resentence her access card forgery offenses as misdemeanors under Proposition 47. She also argues exempting access card forgery from Proposition 47 relief violates her rights under the equal protection clauses of the United States and California Constitutions.

         A. Eligibility for Misdemeanor Sentence

         We first address defendant's argument the trial court erred by denying her resentencing petition because her access card forgery offenses should have been reduced ...


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