California Court of Appeals, First District, First Division
Court Marin County No. SC187770 Hon. Terrence R. Boren Judge.
E. Dodge, under appointment by the Court of Appeal, for
Defendant and Appellant.
Becerra, Attorney General, Gerald A. Engler and Jeffrey M.
Laurence, Assistant Attorneys General, Seth K. Schalit and
Victoria Ratnikova, Deputy Attorneys General for Plaintiff
Margulies, Acting P.J.
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.
complaint filed on February 7, 2014, charged defendant with
nine offenses, including, among others, felony counts of
access card forgery (Pen. Code,  § 484f, subd. (a);
counts 1, 5, 9) and one misdemeanor count of petty theft
(§ 484, subd. (a); count 2).
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.
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.
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). 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.
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
Eligibility for Misdemeanor Sentence
first address defendant's argument the trial court erred
by denying her resentencing petition because her access card
forgery offenses should have been reduced ...