P. v. Clarke CA2/1
Appellant Karen Kathleen Clarke appeals from an
order denying her application to have her felony conviction
redesignated as a misdemeanor under Penal Code1 section 1170.18,
subdivision (f). Appellant contends the trial court erred in denying
her application because her felony conviction for violation of
section 484e, subdivision (d)—the unlawful acquisition and
possession of access card account information—fell under the recall
provisions of Proposition 47, the Safe Neighborhoods and Schools
Act (§ 1170.18, subds. (a)–(e)). In view of the Supreme Court’s
recent decision in People v. Romanowski (Mar. 27, 2017, S231405)
___ Cal.5th___ [2017 D.A.R. 2938] (Romanowski), holding that the
theft of access card account information is one of the crimes eligible
for reduced punishment under Proposition 47, we reverse and
remand for further proceedings.
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